the bar association of montgomery county, md … · 2018. 4. 2. · beverly c. mondin, executive...

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THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD 27 West Jefferson St., Rockville, MD 20850-4200 Telephone: (301) 424-3454 Fax: (301) 217-9327 Web Site: http://www.montbar.org — E-mail: [email protected] Volume 53, Issue 7 January 2006 N EWSLETTE R PRESIDENT’S MESSAGE Holiday Wishes The Executive Committee and Staff of the Bar Association wish all members and their families the hap- piest of holidays and a bountiful New Year. This is a family- oriented time and our Bar family has never been busier. The Executive Committee just reviewed and passed (Continued on page 4) NEWLY APPOINTED JUDGES Judge Eugene Wolf has been appointed as Administrative Judge of the District Court for Montgomery County by Judge Robert M. Bell to fill the vacan- cy created by the retirement of Judge Cornelius Vaughey on December 31, 2005. Judge Michael J. Algeo, Judge Thomas L. Craven and Ronald B. Rubin have been appointed to the Circuit Court for Montgomery County, to fill the vacan- cies created by the retirement of Judge D. Warren Donohue and Judge Dennis M. McHugh and a new position created by the enactment of Chapter 199. On behalf of the members of the Bar, we would like to congratulate those newly appointed judges and send our very best wishes to those Judges who deserve the very best retirement. NEXT BAR LUNCHEON January 10, 2006 ~ 12:15p.m. - 1:00p.m. Speaker: The Honorable Durke G. Thompson, who will speak on Business & Technology Court and E-discovery Rockville United Methodist Church 112 West Montgomery Ave., Rockville, MD BAR ASSOCIATION OF MONTGOMERY COUNTY ANNUAL ASSOCIATION ELECTION NOTIFICATION In compliance with Article VII of the Bar Association Constitution, the member- ship is hereby notified that a General Election for new Officers and Executive Committee will be conducted. Anyone interested in being considered, please write to Nancy A. Sachitano, Chair, Nominations & Elections Committee, Bar Association of Montgomery County, Maryland, 27 West Jefferson St., Rockville, MD 20850-4200 by February 7, 2006. Schedule Feb. 7, 2006, 5:30p.m. Committee Meeting Feb. 15, 2006, 5:30p.m. Committee Meeting Mar. 6, 2006, 5:30p.m. Committee Meeting Mar. 21, 2006 Slate printed in newsletter with invitation for petition Mar. 30, 2006 Petition Deadline Apr. 7, 2006 Ballots Mailed May 3, 2006, 4:00p.m. Committee Meeting to count ballots May 5, 2006 Announcement of Results at the Annual Meeting Do You Need Additional Desk References? By now, you should have received your copy of the 2005-2006 Desk Reference and Lawyer Directory. If you need extra copies, please call the office at (301) 424-3454 and place your order. There is a limited number and they will vanish fast! 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 MC Name: _______________________________________________________ Address: ___________________________________________________________ Phone: ________________________________ Fax: _________________________________ Email: _________________________________ The Montgomery County, Maryland Bar Foundation is a 501(c)(3) tax exempt organization and contributions are tax deductible under Section 170 of the Internal Revenue Code. WEATHER POLICY In the event of snow and/or hazardous driving conditions, the Bar Association will follow the action taken by Montgomery County Government and/or the Courts. All meetings or seminars will be resched- uled. Please call the chair of your Committee or Section to see if your meeting is going to be held or call the Bar Office at (301) 424-3453. KAREN SMITH, LAW LIBRARIAN, IS RETIRING After 39 years of serving the public, Montgomery County Bar and the judici- ary as the Law Librarian for the Circuit Court for Montgomery County, Maryland, Karen D.M. Smith is retiring. Please join us for dessert in the Law Library to wish her well in her future endeavors on: Thursday, January 26, 2006, from 3:00 p.m. to 5:00 p.m.

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  • 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] 53, Issue 7 January 2006

    NEWSLETTERPRESIDENT’SMESSAGEHoliday Wishes

    The ExecutiveCommittee and Staffof the Bar Associationwish all members andtheir families the hap-piest of holidays and

    a bountiful New Year. This is a family-oriented time and our Bar family hasnever been busier. The ExecutiveCommittee just reviewed and passed

    (Continued on page 4)

    NEWLY APPOINTED JUDGESJudge Eugene Wolf has been

    appointed as Administrative Judge of theDistrict Court for Montgomery Countyby Judge Robert M. Bell to fill the vacan-cy created by the retirement of JudgeCornelius Vaughey on December 31,2005.

    Judge Michael J. Algeo, JudgeThomas L. Craven and Ronald B. Rubinhave been appointed to the Circuit Courtfor Montgomery County, to fill the vacan-cies created by the retirement of Judge D.Warren Donohue and Judge Dennis M.McHugh and a new position created bythe enactment of Chapter 199.

    On behalf of the members of the Bar,we would like to congratulate thosenewly appointed judges and send ourvery best wishes to those Judges whodeserve the very best retirement.

    NEXT BAR LUNCHEONJanuary 10, 2006 ~ 12:15p.m. - 1:00p.m.Speaker: The Honorable Durke G. Thompson,

    who will speak on Business & TechnologyCourt and E-discoveryRockville United Methodist Church

    112 West Montgomery Ave., Rockville, MD

    BAR ASSOCIATION OFMONTGOMERY COUNTYANNUAL ASSOCIATIONELECTION NOTIFICATION

    In compliance with Article VII of theBar Association Constitution, the member-ship is hereby notified that a GeneralElection for new Officers and ExecutiveCommittee will be conducted. Anyoneinterested in being considered, please writeto Nancy A. Sachitano, Chair, Nominations& Elections Committee, Bar Association ofMontgomery County, Maryland, 27 WestJefferson St., Rockville, MD 20850-4200by February 7, 2006.

    ScheduleFeb. 7, 2006, 5:30p.m. Committee MeetingFeb. 15, 2006, 5:30p.m. Committee MeetingMar. 6, 2006, 5:30p.m. Committee MeetingMar. 21, 2006 Slate printed in newsletter

    with invitation for petitionMar. 30, 2006 Petition DeadlineApr. 7, 2006 Ballots MailedMay 3, 2006, 4:00p.m. Committee Meeting to

    count ballotsMay 5, 2006 Announcement of Results

    at the Annual Meeting

    Do You Need AdditionalDesk References?

    By now, you should have received yourcopy of the 2005-2006 Desk Referenceand Lawyer Directory. If you needextra copies, please call the office at(301) 424-3454 and place your order.There is a limited number and they willvanish fast!

    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.

    WEATHERPOLICY

    In the event of snowand/or hazardous drivingconditions, the Bar

    Association will follow the actiontaken by Montgomery CountyGovernment and/or the Courts. Allmeetings or seminars will be resched-uled.

    Please call the chair of yourCommittee or Section to see if yourmeeting is going to be held or call theBar Office at (301) 424-3453.

    KAREN SMITH, LAWLIBRARIAN, IS RETIRING

    After 39 years of serving the public,Montgomery County Bar and the judici-ary as the Law Librarian for the CircuitCourt for Montgomery County, Maryland, Karen D.M. Smith is retiring.

    Please join us for dessert in the LawLibrary to wish her well in her futureendeavors on: Thursday, January 26,2006, from 3:00 p.m. to 5:00 p.m.

  • PAGE 2

    HEADINGFOR YOUR INFORMATION

    2005-2006Officers and Chairs

    ASSOCIATION OFFICERS: President: Paul F. Kemp President-Elect: John C. MonahanTreasurer: Richard S. Stolker Treasurer-Elect: Robert B. HetheringtonSecretary: Richard H. Melnick Past President: John J. McCarthy

    Executive Director: Beverly C. MondinEXECUTIVE COMMITTEEHon. Michael J. Algeo Daniel M. Kennedy, III George E. Simms, IIIBradford S. Bernstein Michael J. McAuliffe Jeffrey Van GrackAudrey A. Creighton Master Joan E. Ryon Patricia M. WeaverNeil I. Jacobs Nancy A. Sachitano Vincent M. WillsNew Practitioners Co-Chairs: Omolade R. Akinbolaji & Marjorie P. DiLimaCOMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Robert B. Hetherington, Chair –

    (301) 762-7770Bench/Bar-Circuit – Patricia P. Via, Chair – (240) 777-6721Bench/Bar-District Court – Reginald W. Bours, III, Chair – (301) 340-7600Fee Dispute Resolution – Ronald S. Canter, Co-Chair – (240) 386-3000,

    David L. Rubino, Co-Chair – (301) 762-7770 &Patricia M. Weaver, Co-Chair – (301) 951-9360

    Interprofessional – John M. Quinn, Chair – (301) 698-8182Judicial Selections – Larry A. Ceppos, Chair – (301) 251-0440

    Thomas D. Murphy, Vice Chair – (301) 424-0400Lawyer to Lawyer – Barbara R. Graham, Chair – (301) 294-3467Lawyer Referral – Gregory E. Flynn, Chair – (301) 340-2020Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &

    Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Laurel N. Anchors, Co-Chair –(301) 990-6065 &

    VACANT, Co-ChairNominations & Elections – Nancy A. Sachitano, Chair – (301) 657-8805Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair –

    (240) 777-6761Designated Conciliator Program – Gary W. Diamond, Chair –

    (301) 933-4500Technology – Morton J. Frome, Chair – (301) 738-9900Unauthorized Practice of Law – Ronald M. Abramson, Chair –

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

    (301) 610-0610 & Ellen F. Kandell, Co-Chair – (301) 588-5390Bankruptcy Law – Ronald M. Levin, Chair – (202) 973-1200Business Law – Edward E. Sharkey, Co-Chair – (301) 657-8184 &

    Matthew J. Downs, Co-Chair – (301) 838-9500Commercial Litigation – Steven Gould, Co-Chair – (301) 718-4548 &

    Jeffrey M. Schwaber, Co-Chair – (301) 838-3210Criminal Law – Eun K. Cho, Co-Chair – (301) 230-5200 &

    Carol A. Crawford, Co-Chair – (240) 777-7342Employment Law – Scott A. Mirsky, Co-Chair – (301) 251-6200 &

    Rosanna C. Lopez, Co-Chair – (301) 881-6800Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223Family Law – Jennifer A. Forquer, Co-Chair – (30) 657-8805 &

    Carlos M. Lastra, Co-Chair – (301) 869-1700Federal Practice – Lawrence R. Holzman, Co-Chair – (301) 220-2200 &

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

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

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

    (301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 239-5242Juvenile Law – Debra S. Grimes, Co-Chair – (240) 777-7389 &

    Maura L. Lynch, Co-Chair – (240) 777-7380Law Firm Management – David A. Pordy, Chair – (301) 230-5205Mentor/Mentee (sub of New Practitioners) - Ilana Cohen, Chair –

    (301) 738-7600New Practitioners – Omolade R. Akinbolaji, Co-Chair – 301-657-8805 &

    Marjorie P. DiLima, Co-Chair – (301) 251-0100Chamber Chats – Ivonne C. Lindley, Chair – (301) 838-3217Personal Injury Litigation – Michael V. Nakamura, Co-Chair (Plaintiff) –

    (301) 230-5255 & John J. O’Neill, Co-Chair (Defense) – (301) 279-0099Real Estate – Jerry R. O’Conor, Chair – (202) 887-0005Taxation – Chaya Kundra, Chair – (301) 424-7585Telecommunications – Bruce A. Henoch, Co-Chair – (301) 230-6569 &

    Michael Deutschman, Co-Chair – (301) 571-6222Workers Compensation Law – Mary B. Buonanno, Co-Chair –

    (301) 270-0327 & Wendy B. Karpel, Co-Chair – (240) 777-6726BAR FOUNDATION OFFICERS (Effective July 1, 2005)President: John J. McCarthyPresident-Elect: Paul F. KempPast President: Deane A. ShureTreasurer: Alan S. ZippAssistant Treasurer: Richard S. StolkerDIRECTORSJames M. Brault Mark S. Goldstein A. Howard MetroDouglas M. Bregman Gerald W. Heller Robert C. ParkEun (Jeannie) K. Cho Eric M. Johnson Linda D. SchwartzCharles B. Day John P. Kudel Harry C. StormGlenn M. Cooper Susan S. Magazine Rebecca N. StrandbergDavid S. DeJong Mimi L. Magyar-Socorso Joseph P. SuntumKathleen M. Dumais Rachel T. McGuckian Marvin WaldmanMary Ellen Flynn Patrick C. McKeeverJo B. Fogel Camilla O. McRoryCOMMITTEE CHAIRSBar Revue – Steven J. Bienstock – (301) 251-1600Cable T.V./Law School for the Public – Thomas P. Ryan, Co-Chair –

    (301) 762-7770 & Natasha R. Luddington, Co-Chair – (301) 657-0748Continuing Legal Education – Daniel L. Shea, Chair – (301) 424-1060CLE 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 – Richard E. Schimel, Chair (Public Division) –

    (301) 654-0896 & William F. X. Becker, Chair (School Division) –(301) 340-6966

    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

    Karen Federman-Henry - (240) 777-6761William J. Chen, Jr. - (301) 294-5195

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

    LLEEGGAALL EETTHHIICCSSHHOOTTLLIINNEE

    FOR LAWYERS WHONEED HELP

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

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

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

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

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

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

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

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

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

    Jackie CLE Seminars and Events Coordinator . . . . . . . . . . . . . . . . (301) [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]

    HAPPY NEW YEARfrom the staff

    of the Bar Association ofMontgomery County, MD

    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.

  • LAW FIRM MANAGEMENTSECTION

    Please mark your calendars for twospecial programs in 2006: Join us onFebruary 16, 2006 at 8:00a.m. at theLaw Firm Management Section meetingfor a special presentation by OptimalNetworks on “Strategic TechnologyInvestment.” Please also join us on April27, 2006 at 10:00a.m. (please note changein date and time for this meeting only) fora special presentation by a nationally rec-ognized expert on “Legal MalpracticeAvoidance and Legal MalpracticeInsurance.”

    Both meetings will take place in the4th Floor Conference Room at Shulman,Rogers, Gandal, Pordy & Ecker, P.A.,11921 Rockville Pike, Rockville, MD20852.

    These programs are being offeredwith a continental breakfast at no charge,compliments of Shulman, Rogers,Gandal, Pordy & Ecker, P.A. To reserveyour seat, please contact Donna Olenik [email protected] or (301) 230-6565,ext. 5515).

    David A. Pordy, Section Chair

    CIRCUIT COURT FAMILYDIVISIONNOTICE OF POLICY CHANGE INPOST JUDGMENT CASES

    Custody evaluations and assess-ments will no longer be ordered in postjudgment cases except by motion andfor good cause.

    LIMITATIONS OF THE COURTEVALUATORS' RESPONSIBILITIES

    The Court Evaluators provide a valu-able and necessary service, cost free, toboth litigating citizens and the Court byaiding all concerned in the resolution ofcustody conflicts. The trained and pro-fessional evaluators are a rich resource;however, there are limitations, bothhuman and financial, on their ability toprovide assistance. A Court Evaluator'sday comprises not only the gathering ofinformation vital to each evaluation, butalso attending Settlement Conferences,preparing and writing the reports, andattending the merits trial. Any Court-ordered obligation such as the attendanceat a deposition or an updated evaluationor attendance at a Further ReviewHearing takes the Evaluator away fromhis or her regular duties and increases the

    work load for the remaining Evaluators(who are already overloaded). Therefore,the Court is adopting the following poli-cies:

    1. Depositions: The CourtEvaluators participate in Settlement/Pre-trial Conferences and, if no settlement isreached, appear as the Court's witness attrial on the merits-custody issue at no costto the parties. However, it is the Court'spolicy to require an expert witness fee inconnection with depositions. This wit-ness fee is assessed so that the Court mayrecoup the loss of the Court Evaluator'stime expended for the deposition and thenecessary time devoted to preparation forsuch an event. The charge assessed as anexpert witness fee is $200 per hour. Inaddition the Court requires an advance,non-refundable retainer in the amount of

    PAGE 3

    CURRENT UPDATE

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

    Bulletin Board & Future CalendarJanuary 11, 2006 ~ Legislative Session BeginsFebruary 16, 2006 ~ Family Law Section Wine & Cheese With the Judges ... 5:30p.m. ... EOBCafeteriaMarch 15, 2006 ~ Bar Leaders Dinner ... 6:00p.m. ... Lakewood Country ClubMarch 23, 2006 ~ New Admittee Courthouse Tour & Reception ... Tour at 4:00p.m. ~ Receptionat 5:15p.m. ... Circuit Court AtriumMarch 30, 2006 ~ 6:30p.m. ~ New Practitioner Section “Friendraiser” ~ Location in Bethesdato be announced at a later date.April 10-17, 2006 ... Montgomery County Public School Spring BreakMay 5, 2006 ~ Annual Meeting & Law Day Celebration ... Marriott / Montgomery CountyConference CenterDo you need materials from our Fall CLE Breakfasts & Seminars, For information call Jackiein the CLE office at (301) 340-2534.Please feel free to send your newsletter submissions via e-mail to [email protected].

    LAW OFFICES OF

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

    TOWNSEND TOWERS

    OCEAN CITY, MARYLAND 21842

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

    PREVIOUS PRACTICE IN

    MONTGOMERY COUNTY, MARYLAND

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

    TELEPHONE: (410) 524-4300

    (Continued on page 5)

  • major revisions to our Arbitration Rules.I am grateful to Bob Baum and EllenKandell for their wonderful work onthese rules. In addition, the ExecutiveCommittee will be considering duringJanuary and February major changes toour rules governing fee dispute resolu-tion. Trish Weaver, Dave Rubino andRon Canter have worked endless hourswriting these revisions and deserve muchcredit. The Association remains dedicat-ed to providing a prompt and informalmeans to clients and lawyers alike of fair-ly resolving fee disputes. We will be ableto do so much more efficiently, thanks tothe work of Trish, Dave and Ron.

    The all-volunteer labor of these busypractitioners is very gratifying to me asPresident. Each of them does this solelyfor the enhancement of our profession

    and our Association. Their selfless spiritsenrich my holiday.

    Our Bar Luncheon in December wasanimated by the impassioned addressgiven by Reid Weingarten, who spoke onseveral critical issues in high profilecriminal cases. With only a couple ofnotes, Reid held the audience entrancedthrough his exposition of complicatedand controversial criminal procedureissues. The next battle he takes on isEnron - a five-month trial - in Houston.Somehow, he seems to take his crushingschedule in stride, finding time for manyuncompensated activities, like addressingour Association. I appreciate the warmreception given to Reid by our members,and noted with pleasure that some of ouryounger members had many questions forReid, even after the program was over.

    Paul F. Kemp

    PRO BONO ACCOLADESIt is with great excitement that we

    announce that the number of cases han-dled in our Evening Legal Clinics at TheCharles Gilchrist Center and the TakomaPark East Silver Spring has doubled fromJuly 1, 2005 to December 31, 2005.MaryKay has done a wonderful jobscheduling experienced attorneys in theareas needed by the Community andDavid Vega has done an equally great jobin supervising the Clinics. We are indeedfortunate to have the wonderfully dedi-cated volunteer attorneys listed belowwho have helped us so much.

    Legal Clinic VolunteersTESSKen AuerbachRoger GoldenSamuel HamiltonNatasha LuddingtonLindsay ParvisJennifer ThomasDavid VegaGilchrist CenterDoug AdamsJeffrey BarhamMaryKay CanarteDavid VegaSury Vepa

    We are in desperate need of employ-ment law attorneys to evaluate cases inthe clinics. Please call MaryKay at (301)762-5831 if you are able to give us only 3hours on a Wednesday evening once amonth. We are begging ...

    On behalf of the Board of Directorsof the Bar Foundation, thank you to thePro Bono Heroes of the Month, who havetaken cases into their offices. They are asfollows:

    November Pro Bono ReferralsLaurel Anchors Jonathan BinstockRebecca DruryAndrew Fontanella Terence B. Garvey Michael GradyJohn M. Green Laura Moorer Gregory R. Nugent Debra Oliver Alfred Page*Marylin Pierre Afshin Pishevar Cheryl E. Rose Brain D. SadurPhillip Santa Maria *=3 cases

    PAGE 4

    PRESIDENT’S MESSAGE, cont’d(Continued from page 1)

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

    FPO

  • $600. This advance retainer is payable tothe Montgomery County Circuit Courtand must be received by the Office of theCourt Administrator two weeks prior to ascheduled deposition. Additionally, (1)the deposition shall not exceed threehours; (2) the deposition shall take placein the Court Law Library; (3) the CourtEvaluator is entitled to be represented bythe Attorney General's Office; therefore,all deposition dates shall be coordinatedwith the Attorney General's Office.

    2. Pre-trial Settlements: In general,if a merits-custody case settles after theSettlement Conference but before themerits trial (and therefore the trial istaken off), the Custody Evaluator'sresponsibility ends. The Evaluator willnot be required to attend a ReviewHearing months later, perform a secondevaluation (up-date), or attend pendentelite or contempt hearings. The free serv-ice is a one-time service, given theCourt's scarce resources. Occasionally,exceptional circumstances warrant a fur-ther evaluation, subject to the availabilityof an Evaluator.

    3. Parties living together at time ofcustody trial: A custody evaluation may beordered even if the parties are living underthe same roof, although such a situationseverely limits the scope and the substanceof the evaluation. The Court Evaluatorwill report at the Settlement Conference.However, if on the day of the merits trial,the parties are still living under the sameroof, the custody trial will not take place.The parties can elect either to dismiss the

    custody complaint or to request a stay untilsuch time as they have actually separatedand the custody issue is ripe to be set fortrial. In either case, the parties shall not beentitled to any further services from theFamily Division, including the CourtEvaluator's services. Exceptions may bemade to this policy on a case-by-case basisas the circumstances warrant, subject tothe availability of the resources.

    Madeleine Jones,Family Division Coordinator

    MEMORANDUM FROMJUDGE WILLIAM D.MISSOURIRegarding Motions for Continuances in

    Family Law CasesPursuant to the Prince George's

    County Circuit Court's case managementplan, only the Family DivisionCoordinating Judge is authorized to grantcontinuances in family law cases sched-uled before judges and masters, excludingjuvenile matters. The trial Judges, howev-er, may deny a continuance request on theday of trial. All motions and requests forcontinuances filed prior to the scheduledcourt event will be sent to Linda Thomasin the Paralegal Unit, Room M0416,rather than directly to Judge Weatherly'schambers. Ms. Thomas will review themotions, insure that the other side hasbeen notified, and that the attorneys havecleared tentative alternative dates. Thefact that dates have been cleared with theOffice of Calendar Management or thatboth parties agree to the continuance does

    not mean that the postponement will begranted. Ms. Thomas will then preparefor Judge Weatherly, or whoever is serv-ing as continuance judge, a postponementinformation sheet along with any otherrelevant information so that the motionscan be ruled on promptly. Attorneys andself-represented litigants may contact herat (301) 780-8000. If Ms. Thomas isunavailable, Ms. Cheryl Willis in theParalegal Unit will assist in reviewing therequests.

    Motions for postponement in juve-nile matters will continue to be directedto the Honorable Melanie M. Shaw Geteror whoever is serving as JuvenileContinuance Judge.

    PAGE 5

    CURRENT UPDATE, cont’d

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

    (Continued from page 3)

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    Phil FishWealth ManagementConsultant

    D.C. BAR PRESENTSBROWN BAG PROGRAM

    “It’s New, But Is It Improved?”What Non-Bankruptcy Lawyers

    Need to Know About the NewBankruptcy Law

    The D.C. Bar Law PracticeManagement Section/Corporation,Finance and Securities LawSection/Antitrust and Consumer LawSection/Litigation Section present a BrownBag Program on Thursday, January 19,2006 from Noon - 2:00p.m. at the D.C. BarConference Center, B-1 Level, 1250 H St.,NW (Metro Center), Washington, DC.

    The cost is $15 for section membersand subscribers; $25 for non-section mem-bers and $15 for Government andNonprofit Employees and Students.

    Please RSVP to Leonnetta McMillon at(202) 737-4700, ext. 257.

  • PAGE 6

    In the Circuit Court for Prince George’s County, Maryland

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

    AMENDED ORDER OF COURT REGARDING CLOTHINGFOR PRISONERS APPEARING IN COURT

    It having come to the court's attention that it is necessary to implement procedures to ensure that prisoners are appropriatelydressed for court appearances, it is on this 15th day of November, 2005, by the Circuit Court for Prince George's County,Maryland,

    ORDERED, that the Sheriff for Prince George's County and/or his designee shall not accept any clothing for prisoners that arein the care and custody of any Federal, State, County, or Municipal agency charged with the duties of maintaining custody of indi-viduals detained and/or committed to their respective custody, and it is further,

    ORDERED, that the attorney for any person detained under proper commitment who is scheduled to appear before a Judgeof the Circuit Court for Prince George's County as a defendant, respondent, plaintiff, or witness in a civil or criminal jury trial shall,when requested to do so, provide proper attire for their client, by delivering all clothing to the proper place of confinement no lessthan forty-eight (48) hours of the scheduled trial date, unless the proper place of confinement is the Prince George's County DetentionCenter, in which event the below paragraph controls and it is further,

    ORDERED, that the Director of the Prince George's County Detention Center, and/or his designee shall accept any and all cloth-ing provided for persons in the care and custody of the Prince George's County Detention Center, so long as the clothing is present-ed on Tuesdays or Thursdays between 9:00 a.m. and 1:00 p.m., or between 9:00 am. and 1:00 p.m. on weekends, and it is further,

    ORDERED, that those persons detained in the care and custody of the Prince George's County Detention Center shall be dressedin appropriate, non-detainee clothing (court attire, civilian clothing) when they appear before a Judge of the Circuit Court for PrinceGeorge's County, Maryland as a defendant, respondent, plaintiff, or witness in a civil or criminal jury trial, provided the clothing forthe party has been delivered as directed. ________________________________

    WILLIAM D. MISSOURIAdministrative Judge7th Judicial Circuit

  • MARINE CORPS RESERVETOYS FOR TOTS

    Thanks for all your contributions inmaking December's TOYS FOR TOTSprogram a success. The Marine Corpsdonations were picked up on FridayDecember 9, 2005. Thank you for joiningthe New Practitioners' section in makingthe holidays special for local children andteens!!!

    CHAMBER CHATSCircuit Court: The Honorable

    Michael D. Mason will host the event onJanuary 11th at 12:30 pm. JudgeMason's chamber is on the 8th floor.

    District Court: Judges for theDistrict Court will be present for lunch onJanuary 19th at 12:00 pm in the DistrictCourt's law library on the 4th floor for allmembers of the bar.

    Don't forget to bring your brown baglunches. Since this is an open forum,come prepared with any questions youmay have for the Judges. If you have anyquestions about the Chamber Chatsplease contact Ivonne Lindley, Esq., at(301) 838-3217 or by [email protected]

    MENTOR/MENTEECOMMITTEE

    If you are already a mentor andwould be willing to assist another mentee,please let Ilana know. The need for men-tors has greatly increased now that theJuly bar results have come out and thenew bar members have been sworn in.

    If you have not already signed up tobe a mentor please consider doing so forthe upcoming year. Thanks again for allyour support and assistance.

    If you are interested in being a mentor,please contact Ilana Cohen, Esq., at 301-738-7600 (phone) or [email protected].

    Omolade R. Akinbolaji, Co-ChairMarjorie P. DiLima, Co-Chair

    PAGE 7

    NEW PRACTITIONERS / YOUNG LAWYERS

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

    MONTGOMERY COUNTYWOMEN'S BARFOUNDATION"Preparing for Success" 2005 Contributors

    Platinum Futrovsky, Nitkin & Scherr, CharteredLexus of RockvilleThe Law Office of Donna E. Van Scoy, LLC

    Friend James & Katherine SavageJo Benson Fogel, PARolyn Construction CorporationStrickler, Sachitano & Hatfield, PA

    Gold Delegate Kathleen M. DumaisDragga, Callahan, Hannon & Hessler, LLPGary L. Crawford, EsquireLinowes and Blocher, LLPPitterich & Snedegar, PCShulman, Rogers, Gandal, Pordy & Ecker, PA

    SilverA. Howard Metro, EsquireAin & Bank, PCAllan J. Katz, EsquireAndalman & Flynn, PCCamilla O. McRory, Attorney at LawChristiana Tah, Attorney at Law Christiane E. Sorel, Attorney at LawDiana H. Metcalf, Esquire, LLCDeckelbaum, Ogens & Raftery, CharteredEthridge, Quinn, McAuliffe, Rowan &

    Hartinger Law PartnershipFait & Wise, LLPFierst & Fink, PCF. Patrick Kelly, Attorney at LawFloyd Willis, III, Attorney at LawHoffman & Rubin, LLCJennifer A. Forquer, EsquireJ. Franklyn Bourne Bar AssociationJohn C. Monahan, Attorney at LawJonathan R. Bloom, EsquireKuder, Smollar & Friedman, PCLaw Office of Joseph M. QuirkLaw Office of Wendy L. Satin, PALenore Schneiderman, EsquireMelissa S. Polito, EsquireNoble & Crow, PAOakley & Eckstein, LLCPatrick J. Smith & AssociatesRebecca N. Strandberg and AssociatesRonald A. Rubloff, Esquire, LLCSusan S. Oldham, Attorney at LawVan Grack, Axelson, Williamowsky, Bender

    & Fishman, PC

  • ALTERNATIVE DISPUTERESOLUTION

    The Alternative Dispute ResolutionSection will be meeting on Thursday,January 12, 2006 at 5:30 p.m. in the BarAssociation conference room. The agendawill be (1) the revived MCBA fee-for-serviceArbitration program-how it works, how to geton the roster, training opportunities, (2)Collaborative law-it's future in MontgomeryCounty, how it works, how to get training,how to get Collaborative law cases on theCourt's stet calendar, and (3) the March 7,2006 Bench Bar/ADR Section reception forthe judges.

    The Section has had a busy year so far.We have re-written the MCBA ArbitrationRules and met three times with the MCBAExecutive Committee to discuss them.Check out the rules at our website,http://www.montbar.org/memonly/comsec/altdis.htm, and download and return the appli-cation if you want to be on the arbitrators' roster.(Note-this is a different form that the DistrictCourt's volunteer arbitrator program. Even ifyou've applied before to this fee-for-service pro-

    gram, you need to fill out the new applicationand return it to the Bar offices.). Also, if youhave clients who need contracts prepared, con-sider putting in an arbitration clause listing theMCBA arbitration process as the method to beused in the event of a dispute (suggested lan-guage is also posted on the website.)

    On the Collaborative Law side, we con-tinue to meet monthly with the multi-discipli-nary organization that was formed as a resultof the CL training we put on in November,2004. Those meetings are held the fourthMonday of the month at Restorante Felicita,51 Monroe Street, Rockville from 6:30 pm to8 pm. All are welcome; the meeting includesa delicious dinner, so there is a fee ($14).

    Finally, the Bench Bar Committee, alongwith our section, the Family Law Section andthe Criminal Law section, are sponsoring aCLE/judges reception entitled "ADR Today:the Court's Perspective" on March 7, 2006from 5:15 to 8:00 pm. (The program will bedivided, to allow significant time for socializ-ing with the Judges and Masters.) We will dis-cuss topics and potential speakers (beyond theJudges) at our meeting.

    The January 12th meeting will be

    informative and provide opportunities to learnother areas in which to expand your practices.Please call Bob Baum at 301-610-0610 orEllen Kandell at 301-588-5390 if you haveany questions.

    Bob Baum, Co-ChairEllen Kandell, Co-Chair

    BUSINESS LAW SECTIONMEETING DATES

    The Business Law section meets on thethird Tuesday of every other month at 5:30p.m. at the Bar Headquarters, unless otherwisenoted. The meeting schedule is as follows:

    February 15, 2006 April 19, 2006For the February 15, 2006 meeting we

    will change the meeting location to the firm ofPaley Rothman in Bethesda 4800 HampdenLane, Seventh Floor, Bethesda, Maryland20814, at 5:30 p.m. The meeting will featureJim Hammerschmidt speaking on "Enteringinto the Employment Process for SmallBusiness Employers." Following the meeting,we will continue with a social at a local water-ing hole.

    Mark the date: the April 19, 2006 meet-

    PAGE 8

    COMMITTEES & SECTIONS

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

  • ing will feature Glenn Cooper of PaleyRothman who will speak on the topic of"Corporate Control and Minority Rights," anissue of interest to all business lawyers.

    Many thanks to Richard Stolker, whospoke at the November section meeting onchanges in the Bankruptcy Code of relevanceto all business practitioners. It was veryinformative.

    For information or questions, contactEdward Sharkey, [email protected].

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

    CINA/DELINQUENCYBROWN BAG BENCH BAR

    MEETINGSJanuary 19, 2006 April 20, 2006February 16, 2006 May 18, 2006March 16, 2006 June 15, 2006

    The CINA/Delinquent Bench Bar meet-ings will be held in Courtroom 20 of theDistrict Court Building at 12:30 - 1:30 PM on

    alternating third Thursdays of the monthexcept for October.

    CIRCUIT COURT BENCHBAR COMMITTEEMEETING DATES

    January 4, 2006 March 1, 2006February 1, 2006 April 5, 2006

    May 3, 2006All meetings will be held on the 1st

    Wednesday of the month at 8:00a.m. in theAdministrative Judge’s Conference Room inthe Circuit Court building in Rockville, unlessotherwise noted.

    Circuit Court Bench Bar Night, whichwas previously scheduled for Thursday,November 17, 2005, at the Circuit Court, willbe rescheduled for the Fall of 2006. Watch fordetails.

    HOLD THE DATE - The Circuit CourtBench Bar Committee and the ADR, FamilyLaw and Criminal Law Sections will sponsora program and reception on March 7, 2006

    from 5:15 p.m. until 8:00 p.m. entitled "ADR-Today - the Court's Perspective." This eventwill take place at the Circuit Court, with theprogram to be presented in Courtroom 1 and areception to follow in the Atrium. The pro-gram will include presentations on alternativedispute resolution procedures, tactics, and hottips the role of judges, masters and facilitators,and the processes involved in mediating gen-eral civil, family and criminal matters. Thesign up information and more details will fol-low shortly.

    The Governor has selected three judgesfor three vacancies on the Circuit Court: TheHonorable Michael J. Algeo, The HonorableThomas L. Craven and Ronald Rubin,Esquire. The Investitures for Judges Algeoand Craven were held on December 20, 2005.The Investiture for Ronald Rubin was held onDecember 28, 2005. There will be an addi-tional vacancy with the retirement of JudgeDonohue.

    If you have any matters to bringto the Committee's attention, pleasecontact Patty Via (240-777-6721),[email protected],Committee Chair, or Lawal Momodu (301-654-9393), [email protected].

    Patricia Via, Chair

    CRIMINAL LAW SECTIONJanuary 25, 2006 March 29, 2006February 22, 2006 April 26, 2006

    All meetings will be held on the lastWednesday of the month at 5:30p.m. in theConference Room of the Bar AssociationBuilding, unless otherwise noted.

    Carol Crawford, Co-ChairJeannie Cho, Co-Chair

    DISTRICT COURT BENCHBAR COMMITTEEMEETING DATES

    January 5, 2006 March 2, 2006February 2, 2006 April 6, 2006

    May 4, 2006The next meeting of District Court Bench

    Bar will be held Thursday, January 5, 2006,beginning at 8:00 a.m. in 4th Floor atRockville District Court. The HonorableEugene Wolfe has been appointed as theAdministrative Judge for MontgomeryCounty and will meet with Bench Bar eachmonth. Meetings will continue to be held onthe first Thursday of each month in the samelocation, until further notice.

    District Court Retirements and"Promotions": The Honorable CorneliusVaughey is retiring effective December 31,2005, after many years of service to our

    PAGE 9

    COMMITTEES & SECTIONS

    (Continued on following page)

    DAVID HARRISON, INC.3% ~ SAVE YOUR CLIENT COMMISSION DOLLARS ~ 3%

    • Our total charge to sell a house or condo is 3% if sold by our real estateoffice.

    • If the house or condo is sold by another real estate office, throughmultiple listing, they get 3% and we get 2% for a total of 5%.

    • 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

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

    FPO

  • District Court and its effective administration.Our District is among the leaders statewide incivil mediation effectiveness, and concludingcases of many types. All of us wish JudgeVaughey a long and happy retirement.

    The Honorable Louis Harrington has alsoannounced his retirement, effective March 31,2006, and made the decision at this time inhopes of helping our court avoid delay inobtaining replacement appointments from theCommission and Governor. It is not yetknown whether the vacancies created by thesetwo retirements and the Circuit Court appoint-ments for Judges Algeo and Craven can all befilled at once. Best wishes also to JudgeHarrington for his many years of service, con-sideration and compassion in approaching hisjob.

    Judges Michael Algeo and ThomasCraven have been appointed to Circuit Courtand were "elevated" in ceremonies onDecember 20, 2005. Judge Algeo then usedsome of his outstanding leave before he beginshis assignment in the Juvenile Division ofCircuit Court in January. Judge Craven con-

    tinued to sit in District Court as a cross-desig-nated judge in December and will join JudgeAlgeo in the Juvenile Division in January.Congratulations to both; both will be missedin District Court.

    Changes coming up in District Court:Judge Wolfe met with District Court BenchBar on December 8, 2005, and indicated hiswillingness to accept input from the Bar, aswell as his intention to conduct more frequentmeetings with his colleagues and staff in orderto solve problems. He is thinking of having anall day DV docket in the Rockville branch,and will consider setting a second civil day onthe calendar. Regarding continuances, JudgeWolfe expects motions to reflect the positionof the opposing side, and prefers that orders besubmitted with all motions.

    Losing three judges in December willmean more frequent use of visiting judges andmany scheduling changes in the first threemonths of 2006. Handling specially set casesduring that period will be difficult, and courtemployees will be calling the attorneys on spe-cially set cases to review settlement or resched-uling options. Silver Spring will most likely

    have only four judges on each weekday exceptWednesday, when there will be five. One morn-ing traffic docket is likely to be dropped, withSilver Spring 301 and 302 being combined inthe mornings. The Silver Spring civil motionsdocket may have to be moved. Updates onschedules are available on the BAMC webpage, and preliminary judges' schedules forJanuary through March 2006 are already done.

    Retired Judges Paul McGuckian andDennis McHugh are likely to be available toserve as visiting judges beginning in February2006.

    Members with questions or suggestionsare encouraged to e-mail them to Reg Bours [email protected].

    Reginald W. Bours, III, Chair

    EMPLOYMENT LAWSECTION MEETING DATES

    January 12, 2006 March 9, 2006May 11, 2006

    The Section meets on the secondThursday of every other month. Our next reg-ular meeting will be on January 12, 2006, at

    PAGE 10

    COMMITTEES & SECTIONS(Continued from preceding page)

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

    American Home Mortgage is pleased toannounce that Ron Kronthal has joined us asa Loan Officer serving Maryland, the Districtof Columbia and Virginia.

    Ron spent 25 years in family and divorce law and understands the real estate needs of divorcingcouples—and their lawyers. At American HomeMortgage, Ron has access to nearly 2,000 loan products, so there’s sure to be one to fit your needs.

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  • 8:00 a.m. Details regarding our next meetingwill be sent via e-mail shortly.

    Scott Mirsky, Co-ChairRosanna Lopez, Co-Chair

    ESTATE & TRUST LAWSECTION MEETING DATES

    January 23, 2006 March 13, 2006February 13, 2006 April 10, 2006

    Please think of, and thank our sponsorsoften. Bob Quinn, CLU (301-217-6450) fromNorthwestern Mutual, and Brendan Hurleyfrom Goodwill of Greater Washington (202-715-2605), will be sponsoring the entire year'sprograms.

    If you would like to attend the Januarymeeting, please RSVP to Chris Hutt at 301-230-6565 x5392 or to [email protected] arrive by 11:45a.m. to eat lunch (nocharge to attendees), so we can begin prompt-ly at noon.

    Jay M. Eisenberg, Chair

    FAMILY LAWSECTION MEETING DATES

    January 19, 2006 March 16, 2006February 16, 2006+ April 20, 2006

    +The February meeting is the annualWine and Cheese with the Masters and Judges,which will be held in the EOB Cafeteria.

    All meetings are held on the 3rdThursday of the month at 5:30 p.m. in the CLEClassroom of the Bar Association Building,except for February's meeting.

    Happy New Year! We hope everyonehad a great holiday season.

    We would like to extend special thanksand appreciation to David and Sue Goldbergfor opening up their home and hosting ourannual Holiday Party. Their generosity isgreatly appreciated. It was a very memorableevent and helped kick off the holiday season.

    We look forward to seeing everyone onJanuary 19, 2006 when we resume our regu-lar monthly section meetings.

    The February 16, 2005 meeting is theannual Wine and Cheese with the Mastersand Judges, which will be held in the cafete-ria located in the Executive Office Buildingfrom 5:30 to 8:30 p.m. This year's programwill be a discussion of the new Court proce-dures for filings under the UCCJEA (asopposed to the old UCCJA statute) andHadrian Hatfield will present hot tips on han-dling cases involving the UCCJEA.

    We are still looking for volunteers tospeak at the family law seminars taking placeon March 9, 2006, May 11, 2006, October12, 2006 and December 14, 2006, please con-tact Rahul Kishore if you are interested. Theseminars commence at 6:30 p.m. and run forabout 90 minutes to 2 hours depending on thenumbers in attendance. The seminars takeplace at the Gilchrist Center for CulturalDiversity, 11319 Elkin Street, Wheaton, MD20902. This is a great opportunity toanyone looking to market themselves whileproviding valuable legal services to the pub-lic. Rahul Kishore can be reached atShah & Kishore - (301) 315-0001 [email protected].

    Our Section's continued involvementwith the Montgomery County Commission forWomen Counseling & Career Center is anintegral part of the Family Law Section's probono efforts and provides an invaluable serv-ice to the public. If you are interested in par-ticipating as a speaker, please contact commit-tee chair: Shelley McKeon at 301-251-0400 [email protected].

    On March 7, 2006, the Circuit CourtBench Bar Committee, in conjunction with theFamily Law Section, the ADR Section andCriminal Law Section, will host "ADRToday: the Court's Perspective" from 5:15p.m. through 8:00 p.m. Come hear from ourCircuit Court Judges, Family Division

    PAGE 11

    COMMITTEES & SECTIONS

    (Continued on following page)

    FALLIN INVESTIGATIVESERVICES

    RETIREDHOMICIDE / SEX INVESTIGATOR

    DOMESTIC / CRIMINAL / CIVILINVESTIGATIONS

    (301) 468-7010

    A comprehensive approach to DWI/DUI

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

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

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

    METRO COUNSELINGSERVICES, INC.

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

  • Masters, and ADR professional and mediatorspresent on alternative dispute resolution pro-cedures, tactics, and hot tips the role of judges,masters and facilitators, and the processesinvolved in mediating general civil, familyand criminal matters. The program will beheld in Court Room #1 with the reception theCourthouse Atrium - food, wine and beer.More to follow! CLE Credit is also availablefor this program!

    Our first 2006 CLE is on March 22,2005, and will address the new adoptionstatute as well as hot tips on adoptions. Thepanel of speakers are Jennifer Fairfax,Michele Zavos and Peter Wernicki, present-ing. Ms. Fairfax, Ms. Zavos and Mr. Wernickiare experienced attorneys in the adoptionrealm and if you are interested in handlingadoption cases or need an update on adoptionlaw this is a must attend CLE! Learn the insand outs of handling adoption cases from themoment the potential parent(s) walk into youroffice through the final hearing.

    The annual Family Law Update CLEwill be presented by Jeffrey N. Greenblatt ofBrodsky, Greenblatt & Renehan, Chtd., onApril 19, 2006. Hear what changes haveoccurred in the law in the last year that couldimpact your family law cases, plus practicetips and pointers, from one of the premierefamily law litigators in Montgomery County.This is a must attend seminar for anyonelooking to stay abreast of the most recentchanges issued from our appellate courts andto hear Mr. Greenblatt's insight on how totake advantage of those changes for yourclient's benefit.

    Law Day this year will held on May 6,2006. Mark your calendars and stay tuned.

    As a reminder, if parties agree to pro-ceed under the collaborative law process,

    they should file a joint motion with theCourt requesting a stay of the case pendingthe outcome of the collaborative lawprocess.

    Congratulations to the HonorableThomas L. Craven, the Honorable MichaelJ. Algeo and the Honorable Robert Rubin,in their appointment by Governor Robert L.Ehrlich to the Montgomery County CircuitCourt Bench.

    As always, if you have any questions,comments, or suggestions, please feel free tocontact either of us at any time.

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

    INTELLECTUAL PROPERTY& TECHNOLOGY LAW

    SECTION MEETING DATESJanuary 10, 2006 March 14, 2006

    May 9, 2006All meetings will be held on the 2nd

    Tuesday of alternating months at 8:00 a.m. inthe Conference Room of the Bar AssociationBuilding, unless otherwise noted.

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

    JUVENILE LAW SECTIONMEETING DATES

    January 25, 2006 March 29, 2006February 22, 2006 April 26, 2006

    May 31, 2006Unless otherwise notified, all meetings

    will be held on the last Wednesday of themonth at Noon in District Court Courtroom20.

    Mary Siegfried, Co-ChairKim Alfriend, Co-Chair

    LAW FIRM MANAGEMENTSECTION MEETING DATES

    January 19, 2006 March 16, 2006February 16, 2006 April 27, 2006

    Please mark your calendars for the fol-lowing special program in January.

    Join us on January 19, 2006 at 8:00 a.m.at the Law Firm Management SectionMeeting for a special presentation by BarbaraTaylor and Trevor Crowley of Morgan Stanleyon Deferred Compensation and RetirementEnhancement Strategies.Date: Thursday, January 19, 2006Time: 8:00 a.m. - 9:00 a.m.Place: Shulman, Rogers, Gandal, Pordy

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

    As previously announced, please markyour calendars for the following special pro-grams in February and April.

    Join us on February 16, 2006 at 8:00 a.m.at the Law Firm Management Section Meetingfor a special presentation by Optimal Networkson Strategic Technology Investment.Date: Thursday, February 16, 2006Time: 8:00 a.m. - 9:00 a.m.Place: Shulman, Rogers, Gandal, Pordy

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

    Join us on April 27, 2006 at 10:00 a.m.(please note change in date and time for thismeeting only) at the Law Firm ManagementSection Meeting for a special presentation by anationally recognized expert on legal malprac-tice avoidance and legal malpractice insurance. Date: Thursday, April 27, 2006Time: 10:00 a.m. - 11:30 a.m.

    PAGE 12

    COMMITTEES & SECTIONS(Continued from preceding page)

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

    KARL STEPHENSP.O. Box 6811

    Silver Spring, MD 20916Serving DC, MD and VA

    METROPOLITANPROCESS SERVICES

    (301) 929-6819

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

  • LEGAL ETHICSCOMMITTEE MEETING

    DATESJanuary 10, 2006 April 11, 2006February 14, 2006 May 9, 2006March 14, 2006 June 13, 2006

    All meetings will be held on the 2ndTuesday of the month at 4:30p.m. in the BarAssociation Conference Room, unless other-wise noted.

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

    PERSONAL INJURYAPPELLATE DECISIONS

    In Debbas v. Nelson (Court of Appeals,No. 10, September Term 2005, Filed November9, 2005), the Court affirmed the Court ofSpecial Appeals reversal of the trial court's dis-missal of plaintiff's medical malpractice claimfor wrongful death. In accordance with Section3-2A-04 of the Courts and Judicial ProceedingsArticle, plaintiff filed an appropriate Certificateof Qualified Expert attesting to deviations from

    the standard of care on the part of several physi-cians and defendant hospital. At her deposi-tion, the expert testified as to the negligence ofonly one of the physicians, and indicated thatshe would not be testifying in the case as to theother defendants.

    The trial court dismissed the claim as to thephysicians for whom the expert was not goingto be offering testimony. It decided that the dep-osition invalidated the certification. The appel-late courts held that an otherwise valid certifi-cate cannot be deemed defective simply becausethe certifying expert is not going to be a witnessin the case itself. The purpose of the certificateis to act as a prerequisite to suit. It is simply apreliminary step in the claim. There is norequirement that the certifying expert be a wit-ness in the suit. As information is learned in dis-covery in the case, different experts may becalled to express their opinions.

    The trial court also erred in its grant ofsummary judgment to the hospital on the basisthat emergency room physicians were inde-pendent contractors and not members of thehospital staff. The hospital should have

    PAGE 13

    COMMITTEES & SECTIONSPlace: Shulman, Rogers, Gandal, Pordy

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

    These programs are being offered at nocharge, compliments of Shulman, Rogers,Gandal, Pordy & Ecker, P.A. To reserve yourseat please contact Donna Olenick [email protected] or 301-230-6565, ext.5515.

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

    David A. Pordy, Chair

    LAWYER TO LAWYERCOMMITTEE MEETING

    DATESJanuary 12, 2006 March 9, 2006

    May 11, 2006All meetings will be held on the 2nd

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

    Barbara R. Graham, Chair

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

    EMINENT DOMAIN/CONDEMNATIONAND AD VALOREM TAX ASSESSMENT CASES

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

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

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

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

    Miller, Miller & Canby200-B Monroe Street

    Rockville, Maryland 20850301.762.5212

    www.mmcanby.com

    (Continued on following page)

  • remained as a defendant because the trier of factcould find apparent agency of the physicians forthe hospital. For example, the hospital consentform indicated that the patient was consenting totreatment by doctors of the staff of the hospital.A patient could infer that the emergency roomphysicians were the hospital's agents.

    In Tucker v. University Specialty Hospital(Court of Special Appeals, No. 1396, SeptemberTerm 2004, Filed December 1, 2005), the courtreversed summary judgment for defendant hos-pital. Plaintiff decedent died as a result of alethal overdose of Oxycontin while she was apatient at the hospital. A medical expert witnesstestified that the death would not have occurredabsent a breach of the standard of care on thepart of the hospital staff. However, he wasunable to pinpoint specific actions of the staff incausing the patient's death.

    Res ipsa loquitur is not available in acomplex medical malpractice case. Expertopinion testimony is usually required to estab-lish a breach of the standard of care and prox-imate cause. An expert, however, is able todraw inferences from the facts of the case.Although somewhat similar, it is not res ipsaloquitur, because the expert is drawing his orher own conclusions and offering a basis forthe opinions. The conclusions can supportfindings of professional negligence.

    If you have any recent Maryland decisionsto submit to the Newsletter, please contact meat 301-933-4500 or [email protected].

    Marvin Waldman

    PERSONAL INJURYLITIGATION SECTION

    MEETING DATESJanuary 10, 2006, 11:00a.m., Bar Association

    Conference Room

    March 7, 2006, , 11:00a.m., Shulman RogersConference Room

    May – Law Day ProgramAll meetings will be held on the 2nd

    Tuesday of alternating months (Septemberthrough May) at the specified time and loca-tion, unless otherwise noted.

    We would like to thank the firm of DJSAssociates, Inc., of Abington, PA, for theextremely interesting and helpful CLE pro-gram which our Section presented onNovember 30.

    President Steven Schorr and AndrewDurian, both engineers, outlined the technolo-gy that is now available to present evidentiarymatters in many areas. They concentrated onaccident reconstruction. Mr. Schorr definedtheir technology: collection of data, analyza-tion of data, rendering opinions, and demon-strating results. In order to perform their func-tions, they utilize many electronic tools.Perhaps the most interesting is the laser scan-ner which can quickly recreate a scene inabsolute accuracy as to dimensions and pro-portions. With this weapon, computer anima-tion can be created which is astounding as tothe reality presented.

    Despite the use of this expensive scanner,the cost to attorneys and parties has beensteadily dropping and, depending on the com-plexity of animation desired, the cost can bequite reasonable.

    The use of these electronic and laserdevices to enhance their opinions wouldseem to present the ability to overwhelm anopposing expert who did not support his/heropinions in a similar fashion. Anyone inter-ested in obtaining more information can con-tact Mr. Schorr or Mr. Durian at (215) 659-2010.

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

    PROFESSIONALISM & THEQUALITY OF LIFE

    COMMITTEE MEETINGDATES

    January 3, 2006 March 7, 2006February 7, 2006 April 4, 2006

    May 2, 2006All meetings will be held on the 1st

    Tuesday of the month at 4:30p.m. in the BarAssociation Conference Room, unless other-wise noted. The next meeting of theProfessionalism and Quality of LifeCommittee will be held on Tuesday, January3 at 4:30 p.m. in the Bar conference room.Join us!

    In Pursuit of PerfectionAs we begin a new year, many of us are

    reflecting on the past year. There probablywere many accomplishments and many thingsleft unfinished. Sometimes we use the incom-plete goals as new goals for the coming year.In my own meanderings, I recalled a keynotespeech that I heard last year by theAfterburners-a group of fighter pilots whoprovide leadership training using a model theycall "flawless execution". Drawing from theirexperience flying fighter planes, they explainthe approach through several steps thatinclude planning, briefing, execution, anddebriefing. While the overall approachreflected what attorneys must do each day, oneaspect of the speech especially caught myattention-task saturation.

    Many of us might interpret the term torefer to having too many tasks to handle in thetime available. When a person has too muchresponsibility, mistakes start to occur, andsome tasks simply do not get done. But tasksaturation also includes a situation in which aperson is so focused on one task that otherequally important responsibilities are over-

    PAGE 14

    COMMITTEES & SECTIONS

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  • looked or ignored. In the Afterburner presen-tation, the tragic experience of a flight crewmany years ago provided an example of tasksaturation leading to an error in focus withhazardous consequences. When a light thatshould have confirmed the status of the land-ing gear did not function, the three pilots inthe cockpit communicated with air trafficcontrol and were instructed to use automaticpilot and maintain 2000 feet altitude. Theyset the auto pilot and then proceeded to focuson whether the light was burned out orreflected a problem with the landing gear.The pilots became so focused on that task thatno one noticed when the auto pilot wasreleased and the plane began to descendbelow 2000 feet. During the full descent, noone noticed that the altitude had changed andthe plane ultimately crashed into the ground.Needless to say, many safety measures wereimplemented following that accident to avoida recurrence.

    While task saturation for attorneys usual-ly does not have the same disastrous conse-

    quences, it can affect our clients, our careers,or even our health. We may not recognize it,but task saturation plays a role when a caseapproaches trial and the preparation for anadversarial contest becomes so intense thatany consideration of settlement is overlooked.Or we may become so protective of a clientthat we forget that there are two perspectivesto each case and that we need to have a role inexplaining the law to our client and not justtake up their cause as if it were our own. Tasksaturation can even prevent us from seeing thewin-win result that may achieve the goals ofall parties involved in a particular dispute.

    All of us can benefit from recognizingtask saturation in ourselves and striving toavoid the level of focus that becomes unpro-ductive and even harmful. Setting realisticgoals and schedules helps our clients and canpromote a healthy quality of life. And as webegin this new year, it makes sense to look forways to make 2006 even better and more ful-filling than 2005.

    Karen L. Federman Henry, Chair

    REAL ESTATE LAWSECTION MEETING DATES

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

    Our next breakfast meeting date will beJanuary 10, 2006.

    All meetings will be held on the 2ndTuesday of the month at 7:30 a.m. at IHOP,775 Rockville Pike (between WintergreenShopping Center and Courtesy Jeep),Rockville, MD 20850, unless otherwise noted.

    I welcome all suggestions for topics orspeakers for our future Section breakfasts, aswell as all other thoughts on how the Sectionmay be more useful to members in their prac-tices.

    Jerry R. O’Conor, Chair

    TAXATION LAW SECTIONJanuary 2, 2006 March 6, 2006February 6, 2006 April 3, 2006

    All meetings will be brown bag lunchmeetings and will be held on the 1st Mondayof the month at 11:30a.m. at the offices ofKundra & Associates, P.C., 110 NorthWashington St., Suite 406, Rockville, MD,unless otherwise noted.

    Chaya Kundra, Chair

    In a conflict between an IRS tax lien anda bona fide purchaser, who will win?

    Maryland recognizes the doctrine ofequitable conversion. Upon execution of acontract of sale of land the purchaser becomesthe equitable owner of the property and theseller retains bare legal title. Thereafter, theseller's property interests are limited to theproceeds of the sale. [Watson v. Watson, 304Md. 48, 60 (1985)].

    Maryland has a rule that legal title to landdoes not pass until a deed is properly execut-ed and recorded, and until this is done abuyer's equity in property is subject todestruction by a conveyance of the legal titleto a bona fide purchaser without notice. [Md.Code Ann., Real Prop. 3-203].

    The IRS has a rule that if any personliable to pay any tax neglects or refuses to paythe tax after demand, the amount owed shallbe a lien in favor of the United States upon allproperty and rights to property, whether realor personal, belonging to such person. [26U.S.C. 6321].

    The IRS has another rule that the lienimposed by section 6321 shall arise at the timethe assessment is made and shall continueuntil the liability for the amount so assessed issatisfied. [26 U.S.C. 6322].

    PAGE 15

    COMMITTEES & SECTIONS

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

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    (Continued on following page)

  • PAGE 16

    COMMITTEES & SECTIONS

    For the lien to become valid and effectiveunder these sections, notice, filing, or record-ing are not required. [United States v. Bond,279 F.2d 837, 841 (4th Cir. 1960)].

    However, liens under section 6321 willnot be valid against certain third parties, suchas bona fide purchasers, until the filing ofnotice. [26 U.S.C. 6323(a)].

    Now that you know the law, see what itdid to the facts and decide whether the wordsfairness and equity belong in the tax code.

    On January 14, 2003, Russell Ruggeriosigned a contract to buy Rocky Kimbrew'sOcean City, Maryland condominium for about$210,000. On April 8, 2003, closing occurredand Kimbrew executed and delivered a deedto the property to Ruggerio. A few days laterRuggerio properly recorded the deed to hisnew Ocean City condominium.

    Unknown to Ruggerio, the day before theclosing, on April 7, 2003, the IRS recorded alien against Kimbrew in the amount of$143,000 for Kimbrew's unpaid payroll taxeswhich had been assessed between 1998 and2002.

    On January 27, 2004, the IRS informedRuggerio that, in satisfaction of Kimbrew'sliens, Ruggerio's Ocean City condominiumwould be seized.

    Ruggerio obtained a summary judgmentagainst the IRS in the Federal District Court ofMaryland on January 31, 2005. [Ruggerio v.United States, 2005-1 USTC 50,328(1/31/05)]. According to the Federal DistrictCourt, State law controls in determining thenature of the legal interest which Kimbrewhad in the property, citing the U.S. SupremeCourt in United States v. National Bank ofCommerce, 472 U.S. 713, 722 (1985).

    The U.S. District Court held that uponexecution of the contract of sale, in January

    2003, Ruggerio became the equitable ownerof the property under Maryland's equitableconversion doctrine and the IRS lien wasfiled after that date on April 7, 2003.According to the Federal District Court, theIRS lien attached only to the seller's propertyinterest which was limited to the proceeds ofthe sale.

    The IRS appealed to the Fourth CircuitCourt of Appeals which reversed. TheAppeals Court ruled that the recorded IRS lientook priority over the equitable conversiondoctrine; and since it was recorded beforeRuggerio recorded his deed following theclosing the IRS lien attached to the propertyitself. [Ruggerio v. United States, 2005-2USTC 50,645 (11/17/05)].

    The Appeals Court also noted that theassessment was made prior to the time thecontract was entered into and the federal taxliens attached against Kimbrew at the time ofthe assessment.

    The Court further analyzed Ruggerio'sstatus as a "purchaser" under the InternalRevenue Code and concluded that his interestwas not valid against subsequent purchaserswithout actual notice under Maryland lawbefore the April 7, 2003, lien recording date.

    According to the court, the Marylandrecording statute provides that every recordeddeed takes effect from its effective dateagainst the grantee of any deed executed anddelivered subsequent to the effective dateunless the grantee of the subsequent deed hasrecorded the deed first. [Md. Code Ann., RealProp. 3-203]. The court ruled that, underMaryland law, legal title to land does not passuntil a deed is properly executed and recorded,and until this is done a vendee's equity in theproperty is subject to destruction by a con-veyance of the legal title to a bona fide pur-chaser without notice.

    The court concluded that under Marylandlaw Ruggerio's interest in the property wouldbe invalid against subsequent purchasers with-out actual notice. Because Ruggerio's interestin the property was subject to destructionunder Maryland law by subsequent purchaserswithout actual notice, he did not qualify as a"purchaser" under 26 U.S.C. 6323(h) beforeApril 7, 2003. Thus the federal tax liensremain valid against Ruggerio.

    The best advice in all real estate transac-tions is to obtain title insurance and expectthat will protect the buyer from unknown taxliens and liabilities of the seller.

    The Taxation Section meets periodicallyto discuss tax issues of interest to its membersand to provide continuing legal education forthe benefit of members of the Bar Association.Specific meetings of the Taxation Section willbe announced in the Newsletter.

    If you have specific topics that youwould like to see covered in the newsletter,please call me at (301) 340-0084.

    Alan S. Zipp, Section Member

    WORKERS COMPENSATIONLAW SECTION MEETINGDATESJanuary 5, 2006 March 2, 2006February 2, 2006 April 6, 2006May 4, 2006

    All meetings will be held on the firstThursday of the month at 4:00p.m. in theConference Room of the Bar AssociationBuilding, unless otherwise noted.

    The Workers' Compensation DecemberSection Meeting featured Alan Gross andRichard Teitl from Berman, Sobin, & Gross.Alan and Rich gave an excellent overview ofthe mediation process and shared a few secretsfrom the mediator's perspective.

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

    (Continued from preceding page)

  • PAGE 17

    COMMITTEES & SECTIONSOur speakers detailed the advantages to

    using mediation. Mediation allows the partiesto identify the issues as each side sees them.Mediation provides a forum to develop cre-ative solutions that neither a judge nor a com-missioner may legally be able to order but thatthe parties can fashion for themselves. Inmediation, the parties are in control of the caseand can make their own decisions and resolu-tion of the case. By focusing on commonissues, mediation allows parties to rebuilddamaged relationships. Alan and Rich notedthat mediation plants the seeds of conciliationand that many cases do not settle at mediationbut the parties continue to work toward afterthe session is over.

    Alan and Rich also focused on howmediation can help by starting the processprior to an Award. In some cases, once a deci-sion of compensability is made, there may beno room for settlement. Mediation may behelpful even before a workers' compensationcase is filed or before the first hearing. Onthe advice of Alan and Rich: consider media-tion early and often - it can turn a contentioussituation into a solution that benefits both par-ties.

    On December 6, 2005, the Court ofSpecial Appeals rendered the decision of Kellyvs. Consolidated Delivery Co., et. al., No.2588 (Md.Ct. Spec. App. filed Dec. 6, 2005).In this case, the Claimant worked secondaryemployment and collected temporary totaldisability benefits and vocational rehabilita-tion benefits at the same time. Based on thisfraud, the District Court convicted Mr. Kellyunder the criminal theft statute; however, theprosecutor entered a nolle prosequi to thecharge under 9-1106 of the Workers'Compensation Act (the "Act"). Section 9-1106 of the Act prohibits parties from commit-ting fraud in obtaining compensation benefits.The section also allows the Commission todeny a Claimant benefits who has committedfraud.

    When Mr. Kelly filed issues for perma-nent partial disability, the Commission deniedcompensation benefits under 9-1106 becausethe Claimant had committed fraud in collect-ing temporary total benefits while working.The Court of Special Appeals reversed theCommission's denial of benefits becausethere was only a conviction under the crimi-nal theft statute. Because there was no con-

    viction under 9-1106 of the Act, theCommission could not impose the 9-1106remedy. Only a District Court can convictunder 9-1106. The Court further ruled thatthe only remedy available for the Claimant'sfraud was pursuant to 9-310.1 of the Actwhich states that the Commission can requirea Claimant to repay any monies obtained byfraud plus 1.5% interest. Therefore, theCommission must make a finding of perma-nent partial disability in this case. Then, byauthority of Section 9-310.1 of the Act, theCommission may offset the benefits owed bythe amount the Claimant owes for collectingtemporary total disability payments when hewas working.

    At the next section meeting, WandaCaporaletti, of the Law Offices of WandaCaporaletti and Andre Forte from McCarthyWilson & Ethridge, will discuss how defenseand claimant's counsel can work together onSubsequent Injury Fund cases. The nextmeeting will be held on January 5, 2006, at4:00 p.m. in the Montgomery County BarOffices.

    Mary Buonanno, Co-ChairWendy Karpel, Co-Chair

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

  • MSBA BOARD OF GOVERNORSJ. Michael Conroy, Jr., PresidentEdward J. Gilliss, President-ElectAlison L. Asti, SecretaryJohn P. Kudel, TreasurerCornelius Helfrich, Past President

    1-Year Term MembersMichael G. Banks (301) 251-9161Gary C. Crawford (301) 840-2232John M. Quinn (301) 698-8182Stephen H. Ring (301) 990-4840Donna E. Van Scoy (301) 610-0110Floyd “Ron” Willis, III (301) 424-6622

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

    MBA NOMINATIONS ANDELECTIONS FOR BOARD OFGOVERNORS IN 2006

    This is the annual announcement regarding

    the nomination and election process for vacan-cies on the Maryland State Bar AssociationBoard of Governors occurring in June, 2005.

    Only Class II Governors can be nominat-ed and elected in 2006, since it is an evennumbered year. (Vacancies will be occurringin the First, Fourth, Fifth, Sixth, Eighth,Ninth, Tenth and Eleventh Districts, as well asone Young Lawyer Governor.)

    SIXTH (Montgomery County) – Numberof Governors to Which Entitled – 8; Class IIelected Even Years – 6; Class I – 2.

    • Nomination petitions must be filedwith the MBA Executive Director no laterthan 5:00 p.m., Tuesday, February 14, 2006.

    • Ballots must be postmarked no laterthan March 30, 2006.

    • Ballots must be received by theExecutive Director no later than April 4,2006.

    Nomination petitions may be picked upor faxed to you from your MontgomeryCounty Bar. Call Tessy at (301) 424-7040.

    CIVIL MEDIATION TRAININGMICPEL will offer two more 40-hour

    civil mediation training seminars this Bar year: (1) Monday, Tuesday, Thursday & Friday,

    March 13, 14, 16 & 17, 2006 at UB BusinessSchool in Baltimore City, 8 a.m. - 6:45 p.m.each day;

    (2) Monday, Tuesday, Thursday & Friday,June 26, 27, 29 & 30, 2006 at UB BusinessSchool (same schedule).

    Currently the seminar in March is aboutone-third filled (12 of 40 spaces reserved). Weexpect it to fill up by mid-February.

    A copy of the detailed 4-day (40-hour)seminar agenda is attached (MS Word file)along with a brochure/registration form (AdobeAcrobat file). The seminar is comprised of lec-ture, demonstration and 10 critiqued simula-tions. The primary trainers are Prof. RogerWolf, Melanie Vaughn & Harry Fox, supple-mented by 30-40 experienced lawyer-media-tors and mediators from other related profes-sions who serve as critiquers for the extensivesimulation exercises.

    The registration fee of $1295 for MBAmembers and $1395 for all others includes thetext book and all supplemental written materi-als; free parking in UB's Biddle Street Garage;and, continental breakfast, buffet lunch andsnacks every day.

    For information, go to http://www.micpel.edu/seminars/

    civil%20mediation.htm

    ABA PRESS RELEASEU.S. SENTENCINGCOMMISSION SHOULDREVERSE ITS POLICY ONATTORNEY-CLIENTPRIVILEGE WAIVER

    In the interests of corporate integrity andthe investing public, the U.S. SentencingCommission should reverse its harmful policyof requiring corporate defendants to waive theattorney-client privilege to qualify for leniencyunder federal sentencing guidelines.

    The Commission is showing a willingnessto consider modifying that policy, by retainingthe privilege waiver issue on its final list of pri-orities for the 2005-2006 amendment cycle. Itreceived encouragement to do so from remark-ably diverse political and philosophical sourcesat a recent Commission informal hearing.

    The fundamental underpinning for theprivilege, when it was established more than200 years ago, remains the strongest argumentfor its retention. The ultimate benefit of theprivilege is that it helps ensure law-abiding con-duct and, in the context of the U.S. SentencingCommission’s ultimate objective, legal compli-

    PAGE 18

    STATE & NATIONAL

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

  • ance by corporations. Despite news reports thatmight suggest otherwise, compliance is the goalof the operational norm of by far the over-whelming majority of corporations large andsmall. The current position of the Commissionis contrary to a key goal of sentencing policy–tofoster compliance with the law.

    This is so because the Commission’s sen-tencing guidelines require corporations towaive their privilege in order to demonstratethrough cooperation with the government andqualify for a reduced culpability score on whichsentences are based. That requirement putscompanies, their leaders and their employeeson notice that information developed in internalinvestigations of possible wrongdoing likelywill be disclosed to the government.

    Such anticipated disclosure inhibits corpo-rations from conducting adequate investiga-tions, or from keeping adequate written recordswhen they do investigate. Failure to follow upon suspected problems and to develop effectivesolutions increases the magnitude of harm toinvestors and society when actual wrongdoingexists.

    That harm is felt throughout our economy.Investors lose money when heavy fines areimposed, or worse, when businesses collapse,because company officers, without the privi-lege, are deterred from seeking the guidancethey need to comply with the law. Employeesare at risk of losing their jobs when businessescollapse, and may also face dismissal unlessthey agree to the company’s demands, coercedby the prosecutor, that they waive their ownlegal rights in order to demonstrate corporatecompliance.

    Erosion of the attorney-client privilegeinadvertently creates an incentive to “see noevil, hear no evil and speak no evil.”Preserving the privilege has the opposite effect.

    The privilege provides a safe haven for corpo-rate leaders who want to conduct businessaccording to the letter of the law by encourag-ing them to meet with counsel and seek guid-ance when difficult legal issues arise. The priv-ilege allows employees to share concerns theymay have about their conduct or that of othersin the chain of command.

    The American Bar Association stronglyurged reversal of the Commission’s well-inten-tioned but wrong policy in a recent SentencingCommission hearing, as did the U.S. Chamberof Commerce, the American Civil LibertiesUnion, the Association of Corporate Counsel,the National Association of Criminal DefenseLawyers and the National Association ofManufacturers. The existence of this unusualbut strong alliance itself should be appreciatedby the Commission. Although our organiza-tions have different philosophical perspectiveson many issues, we share the same concernregarding the absolute imperative of preservingthe attorney-client privilege, and opposing itscoerced waiver.

    This is not just a lawyers’ issue. It is anissue that affects every person with a stake inour nation’s economic health, and that is all ofus. The Commission’s current openness to dis-cussing this issue is a welcome developmentand makes this the opportune time to rally tothis cause.

    We urge other organizations and lawyersthroughout America to support this crucialeffort to help the Sentencing Commissionunderstand that it is in the public’s, and ourcountry’s, interest to preserve the oldest com-mon law privilege we have, one that has servedour country long and well. The attorney-clientprivilege, which protects the people and notlawyers, has been a bedrock of our free society.Its erosion will harm our democracy.

    NITA TO PRESENT THEARTICULATE ADVOCATE:BECOMING MORE FLUENTON YOUR FEET

    The National Institute for Trial Advocacypresents NITA’s The Articulate Advocate:Becoming More Fluent on Your Feet, at theNational Education Center in Louisville, CO nearBoulder, on March 30-31, 2006.

    A Two-Day Learning-by-Doing ProgramPersuasive personal style in the courtroom

    requires the ability to speak well as you think onyour feet. You must be able to integrate and coor-dinate speech, thought, and action. To help youdevelop these skills, courtroom communicationconsultants Brian K. Johnson and Marsha Hunterreveal cutting-edge discoveries in linguistics(speech), cognitive research (thought), and sportspsychology (action and practice) that give youthe competitive edge when you go to trial. Theprogram consists of tag-team presentations byfaculty alternating with practice drills involvingall participants.

    In this program you will learn how to:Control your breath, voice, and emotions; Gesturenaturally; Learn facts more quickly; Decreaseyour dependence on notes; Remember underpressure; Find the right pace for coordinatingspeaking and thinking; Clarify meaning throughemphasis and Manipulate silence while speaking.

    For more information, contact NITA at 800-225-6482, or check our website at www.nita.org.

    NITA TO PRESENT NEWYORK REGIONAL BUILDINGTRIAL SKILLS

    For the lawyer who cannot afford timeout of the office, NITA has developed a seg-mented trial advocacy program. Designed tobegin Friday and end Sunday, each segmentwill be held once per month over a three-month period of time. Learn how to cultivatea powerful presence in the courtroom and dra-matically advance your litigation skills.

    Thousands of litigators have alreadypassed through the rolls of this direct learningprogram. You may come up against some ofthem in the courtroom soon. There is no bet-ter time to step ahead and take an active rolein your skills advancement by enrolling.

    Hosted at the New York Law School, thisprogram will focus on virtually every aspectof a trial. Focus topics include: Direct andCross-Examination & Exhibits–March 31-April 2, 2006; Opening Statements & ExpertWitness Examination–May 5-7, 2006 andAdvanced Witness Examination, ClosingArguments & Bench Trial–June 2-4, 2006.

    For information, visit our website,www.nita.org.

    PAGE 19

    STATE & NATIONAL

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

    Forensic Accounting – Financial Fraud InvestigationsTax Issues – Income Tax Preparation

    Alan ZippCertified Public Accountant

    Attorney at LawCertified Business Appraiser

    Certified Fraud Examiner

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

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

  • PAGE 20

    FEDERAL BAR ASSOCIATIONANNOUNCES FEDERALCOURTHOUSE PROGRAM

    GET ADMITTED, GET EDUCATED,GET FED–all in one enjoyable afternoon.The Maryland Chapter of the Federal BarAssociation proudly announces its annualIntroduction to the Federal Courthouse pro-gram. The program consists of introduc-tions to the federal court by judges, courtpersonnel, federal practitioners, a swearing-in ceremony, followed by a gourmet recep-tion. Program Date: March 31, 2006(Baltimore); April 21, 2006 (Greenbelt);1:30p.m. to 4:30 p.m. Registration fee: $85($55 for government attorneys). An attor-ney charge of $175 for the admission cere-mony. Applications for the program andthe special admission ceremony will beavailable at www.mdd.uscourts.gov. Formore information, contact Linda HittThatcher, Esq., at (301) 441-1400 [email protected].

    MONTGOMERY COUNTYWOMEN'S BARFOUNDATION

    The Montgomery County Women's BarFoundation hosted its 5th annual "Preparing forSuccess" Fall Forum for high school students onSaturday, November 19th. Over 50 volunteersworked on this event through the planning and"execution" stages, with many MontgomeryCounty Bar members helping out on the dayitself. Many thanks to all of you, as well as thegenerous corporate and firm sponsors (see page7 for list of sponsors) that make this programpossible. The girls (and few boys!) in attendanceseemed to enjoy the day - from breakfast in themorning to the fashion show and raffle prizes bylate afternoon. The core of the event is the work-shops presented by yet another cadre of volun-teers, who provide information and materials onresume writing, interview techniques, stayingsafe, budgeting, applying for a job...and a myri-ad of other practical and, hopefully, useful tipsand techniques. Anyone interested in working on

    this program, you are most welcome. It's alwaysfun to work with this age group. We actually hada Fall Forum alumna attend this year as a volun-teer. She graduated high school and also fromMontgomery College and now works for theDepartment of Juvenile Services. It was excitingto see that our program is developing a historyand multiple levels of "graduates." None of this,of