THE
BAR ASSOCIATION OF MONTGOMERY COUNTY, MD
N
Pride in Membership, Leadership in Justice
www.montbar.org
Volume 59, Issue 1
PRESIDENT’S MESSAGE
By Jack Quinn
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WHAT GREATER
EXAMPLE?
Current Update
A Balancing Act ...
Tech Talk
New Practitioners
Committees/Sections
Bar Foundation
Bar Revue
Annual Meeting
Exhibitors
Find A Lawyer
Registration Form
Pro Bono
Specialty Bar
Associations
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Rent/Lease Ads
33
States Attorney
Schedules
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36
INSIDE THIS ISSUE
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5
13
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Attorney Opportunity
Ads
Judges Schedules
Calendar
R
EWSLET TE
As lawyers we struggle. As
people, the struggles can be
more complicated and difficult.
Where is the satisfaction we
seek? How is it that true happiness, not I-just-bought-a-“beamer” happiness, but true happiness can be obtained? The search for the life well
lived can go on and on, frustrated by the confusion
of our materialistic culture, our limited capacity to
truly understand and our unlimited focus on feeling
good…at this moment.
Some among us have the gift of a great instinct
for living their lives well. It might be useful to identify and appreciate and model ourselves after those
special people who possess that gift.
Consider the example of Jim McAuliffe. I suggest that we consider it now and deeply as most I
think would benefit.
Are there any among us who knew Jim who did
not marvel at the aura of peace and quiet confidence
of the man? I have thought often of how in a life
full of the profound challenges of the political
world, of the legal world, of raising a family and of
his own health problems, Jim could respond to all
that confronted him, with a sense of quiet confidence and serenity.
I have my own answers, incomplete I feel, but
deeply believed.
Jim McAuliffe as a member of the House of
Delegates and Maryland State Senate was able to
walk through the halls of power without fear or
reserve because he was possessed of absolute
integrity matched only perhaps by his father and
brother. Jim McAuliffe as a lawyer took the kindness and loving nature of his mother and treated all
of his clients from absolute titans of power and
industry to the most humble of our fellow men and
women and applied that extra dose of humanity to
the fashioning of a solution of their problems. Jim as
a judge magnificently applied his years of learning
and his respect for the law but more importantly recognized the importance of bringing all of his human(Continued on page 4)
June 2011
GET YOUR TICKETS NOW ...
Judge Thompson’s
Retirement Celebration
Come One! Come All! Celebrate
Judge Durke Thompson! His law clerks
invite you “Honor His Honor in
Retirement Revelry" on June 16, 2011,
from 5–11 p.m. at the Bumper Car
Pavilion, Glen Echo National Park, Glen
Echo, MD.
There will be swell food and drink open bar - free parking - rain or shine.
Come ride the historic carousel and dance
to doo-wop.
The cost is $75 per person. Please
mail checks (payable to Celebrate! Judge
Durke Thompson!) to Aindrea Conroy,
Treasurer, 5630 Newington Rd.,
Bethesda, MD 20816. Or, please RSVP
by June 6th to Emily Kraper at 240-7779191.
BAR REVUE
Wednesday, June 15, 2011
Dinner: 5:30 p.m. - 7:30 p.m.
Glenview Mansion
Show: 8:00 p.m.
F. Scott Fitzgerald Civic Center
~
Register Now ...
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or visit our website at
www.montbar.org
FOR YOUR INFORMATION
2011-2012
Officers and Chairs
Bar Association ... Main Line ... (301) 424-3454
Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[email protected]
Office Manager/LRS Supervisor . . . . . . . . . . . . . . . . . . .
[email protected]
Association Administrative Assistant . . . . . . . . . . . . . . . .
[email protected]
.............................................
[email protected]
Julie
Maria
Cindy
Deana
}
Marleni
Lawyer Referral Service Operator . . . . . . . . . . . . . . . . . .
Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[email protected] and [email protected]
(301) 424-3453
(301) 424-7040
(301) 762-8376
(301) 424-6351
(301) 279-9100
(301) 424-7040
Bar Foundation
Yesenia
CLE Seminars and Events Coordinator . . . . . . . . . . . . . . . .
[email protected]
(301) 340-2534
Pro Bono Program
Client Intake Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7652
The following staff listing is not for public information. It is for attorney use only.
Clarice, Interim Program Administrator (Part-Time) . . . . . . . . . . . . . . . (301) 762-5831
[email protected]
Jennifer
Office Administration / Client Coordination . . . . . . . . . . (301) 424-2706
[email protected]
Ingrid
Office Administration / Client Coordination . . . . . . . . . . (301) 762-8488
[email protected]
FOR LAWYERS WHO
NEED HELP
If you are aware of attorneys who are having
problems with alcohol, drugs, stress, emotional
problems and related illnesses that interfere with
their professional or personal lives, please call the
Lawyer-to-Lawyer Committee. Committee members are available to assist lawyers find confidential
effective programs to suit their needs.
All calls are strictly confidential.
Daniel W. Gaskill, Chair
Phone: (301) 279-7400
E-mail: [email protected]
FRIENDS OF BILL W.
LAWYER MEETING
For time and location of the meetings, please
call Lawyer-to-Lawyer Committee member, Dan
Gaskill at (301) 279-7400.
BAR ASSOCIATION OF MONTGOMERY COUNTY, MD
NEWSLETTER
(USPS 430-930) ISSN-1079-0780
is published monthly except July/August combined
at $25.00 per year by the
Bar Association of Montgomery County, MD
27 West Jefferson Street, Rockville, MD 20850-4200
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POSTMASTER:
Send address changes to:
Bar Association of Montgomery County, MD, Newsletter
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Julie Petersen, Executive Director & Editor
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2
BAR FOUNDATION OFFICERS
(Effective July 1, 2010)
President: E. Joseph Fitzpatrick, Jr.
President-Elect: Patricia M. Weaver
Treasurer: Richard H. Melnick
Secretary: Stephanie L. Fink
Past President: Paul B. DeWolfe
BOARD OF DIRECTORS
Michael G. Banks
Hon. Mary Ellen Barbera
Douglas M. Bregman
Hon. Cynthia Callahan
Eun (Jeannie) K. Cho
Hon. Gary L. Crawford
Hon. John W. Debelius, III
David S. De Jong
Paul H. Ethridge
Mary Ellen Flynn
Hon. Ann S. Harrington
Robert B. Hetherington
Heather Q. Hostetter
Paul F. Kemp
Mimi L. Magyar
Rachel T. McGuckian
Patrick C. McKeever
Camilla O. McRory
A. Howard Metro
John C. Monahan
James A. Mood, Jr.
David A. Pordy
Nancy A. Sachitano
Harry C. Storm
Hon. Roger W. Titus
Donna E. Van Scoy
Marvin Waldman
COMMITTEE CHAIRS
Bar Revue – Steven J. Bienstock – (301) 251-1600
Cable T.V./Law School for the Public – Lauri E. Cleary, Co-Chair –
(301) 657-0176 & William C. Davis, III, Co-Chair – (240) 507-1711
CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707
Continuing Legal Education – Margaret M. Schweitzer, Chair – (240) 777-7327
Diversity – Charles B. Day, Chair – (301) 344-0393
Endowment – Joseph P. Suntum, Chair – (301) 762-5212
Facilities – Patrick C. McKeever, Chair – (301) 762-5212
Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &
Alison W. Rind, Co-Chair – (301) 657-0750
Governance – Nancy A. Sachitano, Chair – (301) 657-8808
Pro Bono – Michael J. Goecke, Chair – (301) 657-0185
School Mock Trial – Bradford S. Bernstein, Chair – (301) 517-4811
Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 838-3217
& Rene Sandler, Chair (School Division) – (301) 610-9797
Youth Initiative Program – Rene Sandler, Chair – (301) 610-9797
ASSOCIATION OFFICERS
President: John M. Quinn
President-Elect: Daniel M. Kennedy, III
Treasurer: Bradford S. Bernstein
Treasurer-Elect: James A. Mood, Jr.
Secretary: Lili Khozeimeh
Past President: Patricia M. Weaver
Executive Director: Julie Petersen
EXECUTIVE COMMITTEE
Steven T. Blomberg
Lauri E. Cleary
William C. Davis, III
Marjorie G. DiLima
Mark A. Gilday
Monica G. Harms
Maura L. Lynch
Wanda Martinez
Michael L. Rowan
Joan E. Ryon
Patricia P. Via
John S. Weaver
New Practitioners Co-Chairs:
Casey W. Florance & Christopher W. Roberts
COMMITTEE CHAIRS (2010-2011)
Assoc./Found. – Ann. Mtg. & Law Day – Bradford S. Bernstein, Chair –
(301) 517-4811
Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180;
Mimi L. Magyar, Co-Chair – (301) 986-1300
Bench/Bar-District Court – Richard D. London, Chair – (301) 588-6900
Catastrophic Health Emergency – Paul S. Lewis, Chair – (301) 840-8565
Courthouse Construction – Mary Ellen Flynn, Chair – (301) 563-6685
Fee Dispute Resolution – Carlos M. Lastra, Co-Chair – (301) 869-1700;
David W. Lease, Co-Chair – (301) 838-8950;
Karen Robbins, Co-Chair – (301) 260-0223
Judicial Selections – Larry A. Ceppos, Chair – (301) 251-0440
Larry A. Ceppos, Vice Chair – (301) 251-0440
Lawyer to Lawyer – Daniel W. Gaskill, Chair – (301) 279-7400
Lawyer Referral – Elizabeth G. Loggia, Chair – (301) 340-9393
Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650;
Samuel M. Shapiro, Co-Chair – (301) 340-1333
Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575
Strategic Planning – David A. Pordy, Chair – (301) 230-5205
Nominations & Elections – To Be Appointed
Professionalism & The Quality of Life - Heather S. Collier, Co-Chair –
(301) 340-9090; Rhian McGrath, Co-Chair – (301) 907-2804
Social – To Be Appointed
Softball – Scott D. Nelson, Chair – (301) 762-7770
Specialty Bar Associations – To Be Appointed
Technology – Sebastian Forgues Co-Chair – (240) 507-1700;
Behzad Gohari, Co-Chair – (301) 761-3000
Unauthorized Practice of Law – Ronald M. Abramson, Chair –
(301) 9172358
Youth Courthouse Project – Holly D. Reed, III, Co-Chair –
(301) 587-9480; Patricia P. Via, Co-Chair – (240) 777-6721
SECTION CHAIRS
Alternative Dispute Resolution – Eric C. Johnson, Co-Chair –
(301) 977-8002; Judith A. Mustille, Co-Chair – (301) 424-1720
Animal Law – To Be Appointed
Business Law – Demetrios Datch, Co-Chair – (301) 961-5164;
James M. Peppe, Co-Chair – (301) 951-1500
Collaborative Law – Suzy L. Eckstein, Co-Chair –
(301) 424-8081; Darcy A. Shoop, Co-Chair – (301) 340-7950
Commercial Litigation – J. Bradford McCullough, Co-Chair –
(301) 657-0734; Jeffrey M. Schwaber, Co-Chair – (301) 838-3210
Criminal Law – Marc R. Emden, Co-Chair – (301) 762-7007 &
Jessica L. Zarrella, Co-Chair – (240) 777-7469
Education Law – Patrick J. Hoover, Co-Chair – (301) 424-5777;
Lynndolyn Mitchell, Co-Chair – (301) 340-2541;
Karen S. Smith, Co-Chair – (240) 383-2555
Elder Law – Harold Krauthamer, Chair – (301) 951-0240
Employment Law – Laurel N. Anchors, Co-Chair – (301) 990-6065;
Gwenlynn W. D’Souza, Co-Chair – (301) 452-1888
Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223
Family Law – Erik P. Arena, Co-Chair – (240) 507-1700;
Brian K. Pearlstein, Co-Chair – (301) 869-1700;
Robert D. Weinberg, Co-Chair – (301) 913-5236
Federal Practice – Charles F. Chester, Co-Chair – (301) 294-2500;
Chaya Kundra, Co-Chair – (301) 424-7585
Health Law – To Be Appointed
Immigration – Matthew R. Glinsmann, Chair – (301) 987-0030
Intellectual Property & Technology – Michael L. Greenberg, Co-Chair –
(202) 625-7000; Howard A. Newman, Co-Chair – (202) 544-8040
Juvenile Law – Daniel W. Gaskill, Co-Chair – (301) 279-7400;
Carlotta A. Woodward, Co-Chair – (301) 424-6366
Law Firm Management – David M. Schoenfeld, Chair – (240) 243-7200
New Practitioners – Andrew L. Schwartz, Co-Chair – (301) 838-3327;
Alison C. Weinberg, Co-Chair – (301) 838-3318
Mentor/Mentee (sub of New Practitioners) - Christopher W.
Roberts, Chair – (301) 340-9090
Chamber Chats – Jeremy D. Rachlin, Chair – (301) 656-8840
Personal Injury Litigation – Hong S. (Paul) Chung, Co-Chair (Plaintiff) –
(301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (410) 528-7736
Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 &
Alexis H. Peters, Co-Chair – (301) 255-0538
Taxation – Chaya Kundra, Chair – (301) 424-7585
Workers Compensation Law – William J. Inman, Co-Chair –
(301) 315-9400 & Jeffrey W. Stickle, Co-Chair – (301) 762-7770
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING UPDATE
CURRENT
CIRCUIT COURT FAMILY
DIVISION
2011 JUVENILE BENCH/BAR
MEETINGS SCHEDULE
DELINQUENCY
(Courtroom #19/ 12:30 p.m.)
Thursday, June 16
Thursday, September 15
Thursday, November 17
CINA (Courtroom #18/12:30 p.m.)
Wednesday, July 20
Wednesday, October 19
Madeleine Jones, Family Division Coordinator
CIRCUIT COURT NOTES
As we head into the summer months,
please be reminded of the need for the
following:
• ADR: PLEASE notify the courtordered mediator with whom you are
scheduled for an ADR session at least 24
hours before any scheduled ADR session
if your case settles. We have had several
instances of court-appointed mediators
who have been appointed by the Court to
June, 2011
conduct ADR session(s) at the rate set by
the Court, have cleared the time on their
schedules to do so, spent time preparing in
advance of the session only to have the parties fail to appear. On investigation, the parties had already settled and simply did not
notify the Court or the mediator. The
Court’s deep pool of experienced attorneys,
former judges, and mediators will diminish
if litigators do not exercise common professional courtesy in notifying the mediator
that the appointment is no longer needed
due to settlement.
• COURT INTERPRETERS: As
announced many times previously, court
interpreters are in high demand in court
proceedings throughout the State and particularly in Montgomery County. Staff
interpreters must juggle the needs of multiple courtrooms every day; for many languages, the Clerk’s Office must obtain
contract interpreters for whom the cost
must be paid, whether or not the interpreter is actually used. In our present environment of extreme fiscal constraint,
money spent when the court interpreter is
not needed is an egregious waste of
LEGAL ETHICS
HOTLINE
John Moffett . . . . . . . . . . . .301-738-7666
Lou Pettey . . . . . . . . . . . . . .301-977-8400
For a written confidential opinion, submit
your written request, marked confidential,
to Jeffrey M. Axelson, c/o Bar Association
of Montgomery County, MD, 27 West
Jefferson St., Rockville, MD 20850.
resources that are desperately needed.
PLEASE notify the Clerk’s Office when
you have requested an interpreter for
your client or a witness and your case
has settled or the interpreter will not be
needed for any hearing. As noted on
the request, failure to inform that
Clerk’s Office that the requested interpreter is either no longer needed or not
needed for a particular hearing may
result in the costs of the interpreter
being assessed against the party pr parties who have requested this services.
• PLEASE BE ADVISED THAT
THE OBLIGATION TO CONDUCT
The Bar Association of Montgomery County, MD Newsletter
(Continued on page 5
3
PRESIDENT’S MESSAGE, cont’d
(Continued from page 1)
ity to the handling of cases. Sometimes
this effort was the source of great internal
agony. To be just, but to be merciful. To
be intellectual, but to be human. To be a
judge but to be a friend. To try, try, try.
As a human being, Jim drew from the
strength, support and admiration of his
most dear and wonderful wife and four
children. In dealing with his fellow man,
Jim humbly, truly humbly accepted that
he had an ability, a gift to lift up his fellow
brother or sister. He never walked away
from that opportunity. While I never saw
Jim attend to his own creature comforts, I
have seen him give a basketball from the
bench of the Circuit Court of Montgomery
County to a lonely and disconnected soul.
To provide a smile or just a light moment,
he gave Teddy Bears to children caught in
a maelstrom not of their making from the
same bench and in every other setting he
could think of. I never heard Jim
McAuliffe, despite all his accomplishments, say a word about himself yet I have
4
seen him talk gently and lovingly to
Defendants, victims, lawyers, Court personnel, friends and strangers for as long as
he sensed that he might be lifting them up.
His smile and kindness touched countless
souls, including the souls of the confused,
the sorrowful, the needy and the lost.
Jim possessed integrity, wisdom,
kindness and the ability to communicate
his deep compassion for and to all. Jim
wasn’t perfect, and he would be the first
and loudest one to say so, but he was
driven by a wonderful instinct to try, try,
try, to never stop trying to help.
His peace and quiet confidence, the
courage and calm with which he faced
death, the universal admiration for him of
those who knew him are easily explained.
His was a life well lived, truly and in
every sense. We might do well to give
this life some thought, and we might find
great satisfaction in trying even with our
inferior abilities to emulate Jim’s effort.
We might just earn the ability to smile in
the way that Jim did.
The Bar Association of Montgomery County, MD Newsletter
TEMPORARY
PROTECTIVE ORDER
VIDEO CONFERENCING
AVAILABLE AT THE
FAMILY JUSTICE CENTER
Video conferencing of temporary
(ex parte) protective orders is now
available at the Family Justice Center
(FJC). Your clients can now be linked
to both the Circuit and District Court
while remaining in the comfortable and
safe surroundings of the FJC. In
announcing the pilot program in
December, 2010, Chief Judge Ben C.
Clyburn of the District Court of
Maryland said, “The Judiciary is offering video conferencing as a way to help
protect victims of domestic violence
and improve access to and safety in our
courthouses for all Marylanders.
Victims no longer will have to leave the
safety and security of the Family
Justice Center to file petitions for protection. This will benefit victims, families and the general public we serve.”
Videoconferencing at the FJC prevents children from being exposed to a
parent’s testimony. Instead, children
who accompany their parent to the FJC
are able to have a snack, read a book,
watch a movie, and play in a child’s
room, all under the watch of trained
volunteers. This double benefit helps to
ease the stress on children and reduces
the disruption often caused by children
in the courtroom. While video conferencing gives the courts greater flexibility with scheduling cases, it is the comfort, convenience and sense of privacy
that the clients find appealing.
The Family Justice Center is open
from 8:30 AM – 5:00 PM, except for
County holidays. Petitioners will
receive advocacy services for preparation of the forms and may file for temporary orders from the FJC when the
courts are open. While at the FJC,
they will be eligible to receive a wide
range of other services including
counseling, career guidance and interview skills, and criminal investigations of cases. The FJC website is
www.Montgomerycountymd.gov/fjc.
June, 2011
CURRENT UPDATE
(Continued from page 3)
DISCOVERY IS NOT STAYED BY
THE FILING OF A DISPOSITIVE
MOTION. Many motions are being filed
seeking lengthy postponements and reissuances of scheduling orders due to the
failure of the parties to conduct any discovery whatsoever on the basis of a pending motion to dismiss or for summary
judgment or because the parties have
been discussing settlement. Absent good
cause, lengthy postponements will not be
routinely granted, even when sought by
consent or joint motion.
As noted in the April Bar Bulletin, for
all CIVIL TRACK 3 cases filed after July
1, 2010, settlement conferences are now
conducted by retired judges, followed by
pretrial hearings, if required, before the
administrative judge. Bar representatives at
last year’s Civil DCM review identified the
need for substantive settlement conferences conducted by judges with adequate
time for discussion by counsel, parties, and
any representatives with authority to settle
a case. To respond to this need, six retired
judges have been committed to conduct
Settlement Conferences, which will be held
on Thursday afternoons. Depending on the
number of cases scheduled, one or more of
the following judges will be scheduled to
conduct these conferences: the Hon. D.
Warren Donohue; the Hon. Ann S.
Harrington, the Hon. Paul A. McGuckian,
the Hon. S. Michael Pincus, the Hon.
William J. Rowan III, and the Hon. James
L. Ryan. Attendance of counsel, parties,
and representatives is mandatory unless a
settlement agreement has been reached and
needs only to be put on the record.
PLEASE FILE PRETRIAL STATE-
A BALANCING ACT
This is the part of the newsletter that is here to help you de-stress and lead a
more balanced life. Each month, our newsletter will give you a tip that you
might implement.
What keeps you up at night? Is it that your billing was down last month? A really
tough case? A difficult employee, client, associate or partner? You need new clients?
Something about your kids or spouse? When I coach clients, the first question we cover
is “What keeps you up at night?” Along with “What do you want to be coached on
today?” When you bring the difficult issue up, you can work with it. When you avoid
it, the difficult issue comes back every week, every month, every year.
Balance requires that you get better at dealing with the things that are difficult so
you don’t have to sacrifice quality of life every time something difficult happens. You
work your way through the issue so you know that you are a person and a professional
that works through the difficult things. In coaching, the coach asks a lot of questions to
help you come to balance with the issue. Coaches also brainstorm with you about how
to handle the difficult better.
Then coaches help you take the issue a step further. They ask you if you are willing to commit to steps that will solve the issue. If you commit, they hold you accountable for your commitment. If you don’t commit, you aren’t ready to change that aspect
of the issue yet. Then you move on to an area that is still difficult that you will commit
to taking steps to change. I tell you this not because I want all of you to commit to working with a coach (although I do think that is a good idea), but because to stay in “balance” it helps to get better at facing difficult issues, the things you are avoiding and talking with a coach is a great way to dealt with difficult work and life issues. Sometimes,
just talking and brainstorming about a difficult issue is enough.
If you value keeping balance in your work and personal life, it will help you to get
better at dealing with the things that are difficult. If you get better at dealing with difficult things, you develop a confidence and state of mind that obstacles are temporary.
Good leaders, of themselves and others, take on the things that are difficult. What do
you want to do about dealing with the difficult?
Geoff Gilbert is a former practicing CPA at Ernst & Young and business attorney in
Montgomery County. He now coaches Lawyers, CPA's and Executives to help them manage
their practices better and teaches stress related courses at the University of Maryland in
College Park. You can reach him through his website at www.executive-coach-forlawyers.com.
MENTS ON A TIMELY BASIS to allow
the judges to prepare for these conferences.
On the date of the Settlement Pretrial
Hearing, please report to the location noted
on the monitors where the judge will conduct
the settlement conference. Where settlement
agreements have been or are reached, they
will be placed on the record. At the point that
the judge conducting the settlement confer(Continued on following page)
Sublease Opportunity
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Sublease Highlights:
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June, 2011
Premises:
Term:
Rate:
Buildout:
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Large Conference Room
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Phone system and furniture can
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Located in the Heart of Rockville
at Rockville Town Center
Short walk to Metro, Restaurants
The Bar Association of Montgomery County, MD Newsletter
For further information:
Brian S. Liss
Senior Vice President
202-293-9556
[email protected]
3000 K Street, NW, Suite 200
Washington, DC 20007
5
CURRENT UPDATE
(Continued from preceding page)
ence determines that a settlement will not be
reached, the judge will excuse the parties and
direct them to report to the Administrative
Judge, who will conduct the Pretrial Hearing
and set a trial date. PLEASE NOTE:
Settlement Conferences are not intended
to serve as or replace mediation or nonbinding arbitration; these may take several hours or even several sessions. Counsel
are urged to utilize ADR as early as possible in a case and are encouraged to request
ADR orders via the Special Master.
Attendance at a Settlement Conference is
mandatory even where parties have previously participated in ADR and have not
yet reached an agreement.
Further, in anticipation of the rotation
of judicial assignments to occur on July 5,
2011, the Court has begun adjusting case
assignments to facilitate transition of
caseloads. CIVIL TRACK 4 cases will
reflect the incoming rotation judge who
will assume the civil calendar managed by
the outgoing judge. A stepped transition is
underway in the Criminal caseload. As
previously announced, beginning April 4,
2011, criminal cases filed on that date up
through June 5, 2011 AND assigned to
Track 4, will reflect the incoming judge
correlated as below:
Judge Rupp (644)
to Judge Bernard (651)
Judge Johnson (649) to Judge Rubin (658)
Judge Craven (659)
to Judge Greenberg (661)
Judge Dugan (654) to Judge McCormick (662)
Judge Algeo (660)
to Judge Burrell (663)
This will allow the incoming judge to
conduct the Pretrial Hearings and address
issues and motions, as well as handle the
trial. With rare exceptions, TRACK 4
criminal cases that were filed before April
4, 2011 and are pending trial on July 1,
2011 will move calendar fashion using the
table above.
Exceptional cases may include: cases
alleging crimes with a potential enhanced,
life, or life w/out parole sentences; violent
or multiple victim sex offenses; cases in
Ashcraft & Gerel, LLP
mourns the loss and honors the life
of our beloved remaining founding partner
Martin E. Gerel
October 27, 1918 – April 1, 2011
Our partner, mentor and friend of many years, who along with Lee
C. Ashcraft founded the law firm of Ashcraft & Gerel 58 years ago,
was known
k
as a leading
l di expert in
i the
h field
fi ld off Workers’
k ’
Compensation. From a small DC walk up in 1953, Lee and Marty
grew the firm to one of the largest personal injury law firms in the
nation. He was known to all who dealt with him professionally as a
tireless advocate and a relentless adversary, but to all of us at
Ashcraft & Gerel he was “Marty” – dignified, fair, compassionate
and uncompromising in his principles.
principles He was a great lawyer,
lawyer a
great partner and a great friend. We will miss him.
The Lawyers & Staff of
Ashcraft & Gerel, LLP
6
which substantive motions on forensic
evidence/expert testimony or NCR/competency issues/motions in limine have
already been litigated.
In early June, the five (5) judges currently
in
the
Criminal/General
Assignment will receive a listing of their
Track 4 cases that are pending trial for
review to identify any exceptional cases
they
will
recommend
to
the
Administrative Judge as cases they should
carry forward through trial (and disposition). Subject to the Administrative
Judge’s approval, exceptional cases will
stay with the current Track 4 judge for
trial and disposition. Those cases
approved by the Administrative Judge will
take priority over other assignments in
order to maintain existing trial dates.
Those pending Track 4 cases with a
trial date already set that will be not carried by the current Track 4 judge will be
transferred to the corresponding judge
UNLESS the succeeding judge’s calendar
will not accommodate that trial date.
Where this occurs, the first available
judge in the order above will become the
Track 4 judge. PLEASE NOTE THAT
THE TRACK 4 JUDGE IS ALSO THE
PLEA JUDGE AND THEREFORE
WILL CHANGE EFFECTIVE JULY
5, 2011 FOR SUCH CASES.
ANY postponements or changes of
the already scheduled trial date must be
approved by the Administrative Judge and
rescheduled ONLY in conjunction with
the Assignment Office to avoid disruption
of other assignments. Where the judge’s
new rotation calendar will not allow a trial
date within Hicks, that case will be scheduled before the succeeding judge in the
criminal/general rotation as above, where
that judge is also not available, the case
will be assigned to the next judge who is
available in the order above.
CRIMINAL TRACK 4 PLEA POLICY:
1) Track 4 cases filed prior to April
4, 2011 will continue to have available the
current rotation of plea active judges.
2) Track 4 cases filed on April 4,
2011 until June 6, 2011 will have available the current rotation of plea active
judges PLUS THE TRACK 4 JUDGE
(from the incoming rotation).
3) Cases filed on or after June 6,
2011 will use the incoming rotation of
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING UPDATE
CURRENT
judges consistent with Tracks 2 and 3
below.
Criminal Track 2 and 3 cases filed
prior to June 6, 2011 have available the
current rotation of active judges.
Beginning June 6, 2011, 30 days prior to
the rotation, the incoming rotation of
judges will be assigned as plea judges in
Track 2 and 3 cases, as well as Track 4
cases.
CRIMINAL TRACK 2 & 3 PLEA
POLICY:
1) Plea policy is unchanged. Plea
active lists using the outgoing rotation of
judges will be maintained for the cases
filed up to June 6, 2011.
2) All active judges in the incoming criminal rotation will be available for
plea agreements up to the Pre-Trial
Hearing for cases filed on June 6, 2011
and later. Consistent with the DCM plan,
the designation of judges as plea active or
inactive will begin no earlier than July 5,
2011, 4 weeks after assignments have
begun.
3) PRE-INDICTMENT PLEA
June, 2011
AGREEMENTS FILED BEFORE
JUNE 6, 2011: Procedure is unchanged.
4) PRE-INDICTMENT PLEA
AGREEMENTS FILED AFTER
JUNE 6, 2011: May be filed before any
plea active judge in the incoming rotation
OR subject to certification that a written
plea offer was extended on a prior date to
any plea active judge available at that
time. For cases filed on or after July 5,
2011, pre-indictment plea agreements
may be scheduled before any plea active
judge in the incoming rotation.
The Juvenile DCM Working Group
convened by this Court has continued to
work in the Delinquency and Dependency
Focus Groups, in smaller ad hoc committees, and as a whole, to develop recommendations specific to the needs of the
children and families within each caseload. Participating, in addition to the
judges, the Hon. A. David Boynton, the
Hon. Cynthia Callahan, the Hon. Richard
E. Jordan the Hon. Cheryl A. McCally, the
Hon. Terrence J. McGann, the Hon. Joseph
M. Quirk, Hon. Katherine D. Savage, the
Hon. Louise G. Scrivener, and I, are the
Clerk of the Court, the Hon. Loretta
Knight, State’s Attorney for Montgomery
County, the Hon. John J. McCarthy, Public
Defender for Montgomery County, Brian
D. Shefferman; the following attorneys:
Laura L. Chase, Deputy State’s Attorney;
Mary Siegfried, Deputy Public Defender;
Vanita Taylor, Office of the Public
Defender, Chief, CINA Division; Dan
Gaskill and Carlotta A. Woodward, CoChairs of the Juvenile Law Section;
Elizabeth Evans, County Attorney’s
Office; Margaret Burrowes; Mariana Burt;
Sarah Daken; Neil Jacobs; Sherry
Leichman; Silvia Long; and Beth Wanger;
as well as representatives from the
Maryland Department of Juvenile
Services, the Montgomery County
Department of Child Welfare Services,
and CASA, and key Court staff. To
address the need for greater continuity in
the handling of dependency cases by one
judge and to reduce the overlap of staffing
among courtrooms by the dependency and
delinquency bars, the Court is pleased to
announce the implementation of a hybrid
The Bar Association of Montgomery County, MD Newsletter
(Continued on following page)
7
CURRENT UPDATE
(Continued from preceding page)
family/dependency assignment to be
shared by two judges, Judges Callahan and
McCally, during the upcoming rotation.
Judges Boynton and McGann will alternate the Duty and Delinquency dockets.
Judge Savage will continue to provide support to the Termination of Parental Rights
cases, Juvenile Drug Court, which will be
undergoing a fundamental revamping in
the next several months, and delinquency
and dependency cases requiring long term
supervision.
By further adjusting hearing times for
types of event regularly scheduled on the
duty dockets to prevent overlap of
dependency and delinquency hearings,
counsel in delinquency and dependency
cases will staff two, rather than three
courtroom daily, easing somewhat the
effects of staffing cuts that are common to
all stakeholders working in the Juvenile
Court. Please look for details of the revisions to the Juvenile DCM Plan and
requests for feedback to be distributed via
the Bar’s list serve. Please contact
Suzanne Schneider at 240-777-9358 or by
email: [email protected] with
any questions or feedback you may have
regarding the procedures for adoption,
juvenile delinquency and dependency
matters, as well as any ongoing feedback
for criminal and civil DCM procedures.
John W. Debelius, Administrative Judge
for Montgomery County, Maryland
THE LAWYERS’ LITERARY
CIRCLE
On June 16th we will be discussing
The Corrections, by Jonathan Franzen,
8
which was awarded the National Book
Award in 2001, and the James Tait Black
Memorial Prize in 2002.
With some rare exceptions, all of our
meetings are held in the offices of Miles
& Stockbridge P.C., 11 North Washington
Street, Suite 700, Rockville, Maryland
20850, and begin at 4:30 in the afternoon.
If any of your friends and associates
would like to join our group, all they need
to do is to show-up for any of our meetings – everyone is always welcome to
attend and snacks are always served.
Jim Demma, (301) 762-1600
MONTGOMERY COUNTY INN
OF COURT MEMBERSHIP
OPENINGS FOR 2011-2012
The Montgomery County Inn of
Court is completing its twenty second
year and is devoted to developing the ethical and trial advocacy skills of
Montgomery County litigators. The Inn
currently comprises 113 members: 29
Associates, 29 Barristers, 37 Benchers,
and 18 Judges & Masters. Associates are
recent law school graduates or attorneys
licensed to practice law in Maryland for
not more than five years. Associates
serve a one-year term and there are 27
vacancies anticipated for 2011-2012.
Barristers are attorneys licensed to practice law in Maryland for at least five
years, who are of good character and seek
to improve their skills as trial or appellate
advocates. Barristers serve a three-year
term and 9 vacancies are anticipated for
2011-2012. Benchers are attorneys
licensed to practice law in Maryland, who
have demonstrated superior character,
ability and competence as trial or appellate advocates. Benchers are honored
with lifetime membership in the Inn, but
vacancies occasionally occur, so applications for Bencher positions are also being
taken.
The Montgomery County Inn of
Court meets on the second Tuesday of the
month from September through May in
Rockville, for a social hour and dinner,
followed by an educational presentation
in the Circuit Court. The Inn offers trial
advocacy programs, accentuating legal
excellence, civility, professionalism and
ethics.
Usually, the Montgomery County
Inn has been fortunate to have more qualified applicants than available vacancies.
While preference is given to Montgomery
County litigators, the Inn seeks to have a
membership that reflects a rich diversity
in race, gender, ethnic background, and
practice specialty. Applications are available and may be obtained from Kathy
Parker, Secretary to Judge John W.
Debelius, III, Circuit Court for
Montgomery County, 50 Maryland
Avenue, Room 901, Rockville, MD
20850, telephone number: (240) 7779212, email: [email protected], or
Dorothy Fait, Membership Co-Chair of
the Inn, One Church Street, Suite 800,
Rockville, MD 20850, (301) 251-0100,
email: [email protected], or
Deborah Webb, Membership Co-Chair
of the Inn, 3 Bethesda Metro Center,
Suite 460, Bethesda, Maryland 208145367, email: [email protected].
Complete applications are to be returned
to any of the above no later than June 22,
2011.
The Bar Association of Montgomery County, MD Newsletter
June, 2011
CURRENT UPDATE
Highlights from the Annual Meeting ...
A NOTICE FROM SHERIFF DARREN M. POPKIN
I want to call to the attention of Montgomery County Bar Association members the Court of Appeals of Maryland decision on May
4, 2011 in McDaniel v. Baranowski, because it may have a significant impact on the requirements for filing landlord tenant summary
ejectment cases in the District Court of Maryland.
In Baranowski, the Court of Appeals of Maryland held that a landlord who failed to obtain a rental license pursuant to provisions of the
Anne Arundel County Code was not permitted to initiate summary ejectment proceedings for tenant’s failure to pay rent under Md. Code,
Real Property Article, § 8-401. Montgomery County has a similar local law requiring the licensing of certain residential rental dwelling units.
The Court stated that:
“In this case, we are asked to consider whether the owner of a “multiple dwelling” in Brooklyn Park, who has failed to
obtain a license for the premises, as mandated by Section 11-10-102 of the Anne Arundel County Code,may nevertheless
initiate summary ejectment proceedings for a tenant’s failure to pay rent, pursuant to Section 8-401 of the Real Property
Article, Maryland Code (1974, 2003 Repl. Vol., 2009 Supp.).
***
“Our focus in the present case is whether a rental property owner in Anne Arundel County, who does not possess at the relevant
times a license to operate the rental premises as mandated by the County Code, may nevertheless initiate summary ejectment proceedings, should a tenant fail to pay rent. McDaniel asserts that because Baranowski undisputably failed to comply with the licensing requirements of Section 11-10-102 of the Code, he should “not be permitted to reap the benefits” of the streamlined repossession
process outlined in Section 8-401 of the Real Property Article. McDaniel further argues that the county ordinance “is a public health
and safety measure,” designed to safeguard tenants and insure the habitability of rental properties. Baranowski counters that because
Section 8-401 contains no explicit requirement that a landlord “be licensed by local authority in order to recover possession of premises when the tenant fails to pay rent,” he should be permitted to initiate and maintain a summary ejectment.
***
“Licensure under local ordinances in order to operate rental dwelling units is an integral part of a landlord’s status as claimant
in those jurisdictions that require licensure. As a result, in order to invoke the facile process of summary ejectment, a landlord
in those jurisdictions requiring licensure, must affirmatively plead and demonstrate that he is licensed at the time of the filing of the complaint for summary ejectment in order to initiate the summary ejectment process.” McDaniel v. Baranowski,
(May 4, 2011).
Montgomery County Code, Sec. 29-16, requires that an owner of a dwelling unit obtain a rental housing license in order to operate
the dwelling unit as rental housing.
Counsel involved in Landlord and Tenant matters should consider reviewing the Court of Appeals decision in McDaniel v.
Baranowski in any future summary ejectment actions under Maryland Code, Real Property Article, §8-401.
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The Bar Association of Montgomery County, MD Newsletter
9
IN MEMORIAM ...
Melvin “Mel” M. Feldman
A lifetime member of the
Montgomery County Bar Association and
veteran of WWII passed away at the age
of 85 in Martinsburg, W VA where he was
laid to rest after a graveyard service with
an honorary contingent provided by the
VFW, including the traditional rifle volley and taps. And so Melvin stepped up
to the next plateau where he will have
much leisure time to hone his bridge
game and continue on with his Spanish
lessons. Many are the memories of Mel’s
professional and private lives. In addition
to his active membership in the
Montgomery County Bar Association, his
practice also extended to the DC and
Federal Courts, principally the Superior
Court and the U.S. District Court. Due to
a substantial hearing loss, incurred while
slogging across Hitler’s Germany, an
experience, which we can articulate, must
have left Mel with a certain well-earned
sense of irony.
Following his tour of duty and the
war’s end, Mel took his LLB from
George Washington School of Law and
entered into active practice, a substantial
portion of which was dedicated to the
representation of indigents. He was a
serious student of the law and almost
always could be counted on to express an
opinion, if sought. Melvin is survived by
Denece, his wife of 55 years, his nephew,
Robert Levy of Naples, Florida and his
niece Elaine, also of Florida and his
grandsons, Dillon and Czar in
Martinsburg, West Virginia.
Predeceasing him were his daughter
Elizabeth, his sisters Clara Goldberg and
Helen Levy, both of Silver Spring,
Maryland.
No greater tribute can be paid than to
reflect upon Mel’s unflinching generosity. Absolutely. He gave always, never
expecting or demanding anything in
return. His kindness did not allow for a
negative view of his fellow man. In fact,
he and Denece were enjoying retirement
at Leisure World, when Mel had taken up
serious bridge, when their daughter
Elizabeth died in 2004, leaving behind
her two children and a husband.
Foregoing the pleasure of a well deserved
retirement, and despite advancing age,
they relocated to Martinsburg to assist
their son-in-law with their grandchildren.
10
St. Paul’s letter to the Corinthians
concludes with an exhortation to faith
hope and charity, the greatest being charity. It cannot be gainsaid that Melvin’s
very life was a constant exercise in charity.
And so Melvin M. Feldman, devoted
husband, father, grandfather: RIP.
Eugene Fitzpatrick
~
Vincent L. Gingerich
October 25, 1917 - April 18, 2011
Vincent was born in Starview, PA
(just north of York, PA) on October 25,
1917. He graduated from Manchester
High School at age 15 and Central
Pennsylvania Business College in 1934.
During this time one of his favorite pastimes was refereeing local basketball
games.
In 1935 Vince came to Washington,
DC to work as a clerk at the U.S. Civil
Aeronautics Board.
He attended
Southeastern University and received his
law degree. He was admitted to the
Maryland Bar in 1941 and thereafter was
admitted to the District of Columbia Bar,
the U.S. District Court for the District of
Maryland, and the U.S. Court of Appeals
for the Fourth Circuit.
After admission to the Maryland Bar,
he served as a Trial Examiner of the U.S.
Civil Aeronautics Board (CAB). He
resigned from that position in 1944 to
enter into private law practice in Takoma
Park, MD.
During the early years in private
practice, he was retained by potential air
carriers to assist them in presenting evi-
dence to the CAB to support their
requests for Certificates of Public
Convenience and Necessity. He also represented Trans-Texas Airways (a precursor of Southwest Airlines) for many
years, and aided several cities with their
requests for additional or improved air
service. Later, he shifted the focus of his
practice away from aviation law, moving
toward a general practice with emphasis
on family law, wills, trusts, estate planning, probate and real property.
When he joined the Montgomery
County Bar Association in 1944, it was an
association of less than 75 members. As
the number of members grew rapidly so
did the activities of the Association. He
served on the grievance, legal aid, travel,
and other committees as well as serving
as Chairman of the Committee on
Economics. Upon its recommendations,
the Association adopted a minimum fee
schedule for the various services rendered
by attorneys which proved to be very
beneficial to both experienced and new
members of the Bar.
Vincent served as President of the
Montgomery County Bar Association
from 1964-1965. During his presidency,
the Lawyer Referral Service was established, which was the first means by
which an attorney could advertise his
services to potential clients.
Mr. Gingerich served as Corporation
Counsel to the City of Takoma Park from
1950 to 1983. During his tenure, he spent
considerable time resolving many problems involved in the enforcement of the
City’s Housing Code. His policy was to
obtain compliance by persuasion rather
than by confrontation and litigation.
When citizens with other problems,
The Bar Association of Montgomery County, MD Newsletter
June, 2011
IN MEMORIAM ...
including domestic, consulted the City
Clerk it was not uncommon for the City
Clerk to send them to the Corporation
Counsel on a pro bono basis, for advice
and/or resolution.
Vince joined the Maryland State Bar
Association in 1949 and in 1960 was
named Chairman of its new Economics
Committee. The Committee prepared a
questionnaire on the effect time records
made on lawyer’s income levels. Their
complete report was published in the Red
Book – Transactions Maryland Bar
Association 1963. He served on the
Maryland State Bar Association Executive
Council in 1963-64. The following year
he chaired its Membership Committee.
Prior to his appointment to that committee,
the Maryland State Bar Association had
adopted a budget that required an increase
in membership to 2,500. Under his leadership the Committee succeeded in obtaining the needed members.
Mr. Gingerich was President of the
Maryland State Bar Association from
1978-79. During his Presidency, he
established a statewide Lawyer Referral
Service, the Lawyer Counseling Service,
and the Litigation Section. He was also
responsible for introducing the policy of
appointing non-lawyers to standing and
special committees of the Association.
During his presidency, the Maryland
State Bar Association co-sponsored the
Celebration of the 200th Anniversary of
the Court of Appeals of Maryland.
In 1962, he was appointed by the
Court of Appeals to be one of three members of the Maryland State Board of Law
Examiners, and from 1963-1978 served
as its Chairman. He was a Fellow of the
American Bar Association and served as
a member of the House of Delegates of
the ABA in 1978-1979; a Fellow of the
Maryland State Bar Association (serving
as its president in 1983-1985), and a Bar
Leader of the Montgomery County Bar
Association. In 1983, the Maryland
Court of Appeals appointed Vincent to be
a Trustee of the Clients’ Security Trust
Fund and was elected as Secretary of the
Fund by the Trustees that same year. In
1999, he received the Century of Service
Award from the Montgomery County Bar
Association.
In the early days of his practice, he
became a member of a barbershop quartet
known as the “DC Keys.” The quartet
appeared on local radio and TV programs, local social and business events,
and sang in the chorus at President
Truman’s Inaugural Gala. The quartet
also appeared in cities along the East
Coast, and in Hickory, NC in the early
50’s, they almost stole the show from the
Buffalo Bills (appeared in the film – “The
Music Man”). He knew it was time to
quit singing with the “DC Keys” when,
one week, he earned more singing than
practicing law. Though he enjoyed
singing, he never regretted his decision to
quit barbershopping.
Mr. Gingerich was an elder of the
Calvary Lutheran Church of Silver
Spring, MD, where he served as organist
for more than 30 years. He was also a
member of the Takoma Park Lions Club
for over 66 years. In 2005, at the age of
85, he retired from active practice of law
as a partner of the firm of Gingerich and
Culpepper, LLP, in Silver Spring, MD.
Vincent was married to Jean K.
Gingerich and Ann E. Richards. He has a
daughter, Robyn (Stephen) Frank, and
stepdaughters Susan A. Peterson, Sally J.
Warner, and Kim (Geoffrey) Siegel; grandchildren Evelyn Frank, Ingrid (Adam)
Hoch, Jennifer Wilson, Ashleigh Siegel,
Debi Brooks, Greg Warner, Kris, John, and
Andrew Peterson; sister Mary (Clark)
Taylor; and 11 great-grandchildren.
Memorial contributions may be
made by mail: American Heart Association, P. O. Box 5216, Glen Allen, VA
23058-5216; by telephone: 1-800-2428721; or via website: www.heart.org.
HOLD THE DATE!
American Academy of Matrimonial Lawyers – Maryland Chapter
Annual Symposium of Family Law
BUSINESS VALUATION AND DIVORCE
This will be an advanced level program which focuses on business valuation issues in divorce cases and will feature nationally recognized speakers. Jay E. Fishman, FASA/CBA and Stacy Preston Collins, CPA/ABV of Financial Research Associates
will discuss expert opinions and will analyze business valuation reports. Stephen R. Arnold, Esq. from Birmingham, AL will
present “Accounting 101 for the Family Law Attorney.” The luncheon speaker will be in-coming National President of the
American Academy, Ken Altschuler, Esq.
Date:
Friday, November 11, 2011
Time:
8:30 a.m.
Location: Turf Valley Resort
Thomas C. Ries (Co-Chair)
[email protected]
410-828-6100
June, 2011
Richard B. Jacobs (Co-Chair)
[email protected]
410-821-8717
The Bar Association of Montgomery County, MD Newsletter
11
ANOTHER THING ABOUT JUVENILE LAW
To do their jobs professionally and
effectively, juvenile attorneys must provide
their clients with a continuum of care. The
ultimate goals are to 1) protect the client’s
rights, and 2) reverse any cycle of decision
making that produces disregard for others
and self-destructive behavior. The best
way to accomplish this is to embrace the
Social Worker’s motto - “Meet the client
where he is RIGHT NOW.” This means,
among other things, we should not be judgmental. We have to build trust with the
client (which is the child – not the parent).
Only after building trust can we help transform a decision-making process that
helped precipitate involvement in court
involvement in the first place.
A Couple of Common “Teen Traits”
1. Healthy teens challenge the way
things are. Younger children tend to
accept what they are told, and think concretely. Teens, however, will challenge the
rules and reason of parents, teachers, and
the world. This is part of their intellectual
growth and trying out new ideas and possibilities. Where are the hippies of yesteryear? They are mostly wearing silly neckties and have traded in their 1970 Beetle
for a Mercedes (with air conditioning!).
2. Concern with being popular. The
teen is trying to find out how worthwhile
he or she is in the eyes of peers. Having
friends means that he is accepted. Teens
are more and forthright with people that
have similar tastes in dress, activities,
dreams, and goals. It doesn’t hurt to know
a little about their music either. Yes, I know
that Lady Ga Ga and Eminem will never be
as talented, cool, or inspiring as the
Beatles, Temptations, or the Stones – but
you’ll never get them to understand that.
How do I Reach these Kids?
You cannot adequately represent a
juvenile without trust. We have to be
skilled at recognizing opportunities to
connect with at-risk youth. Stay in contact with the clients – and talk to them
more than their parents. Make the contact
personal by using first names. Make
direct eye contact. Make them laugh.
Make inquiries about anything that lets
them know that you remember who they
are and are sincerely interested in how
things are going.
We have to be approachable. If you
are perceived as unfriendly, snobbish or
12
judgmental they will not even consider
trusting you. Talk to young people in
your neighborhood, schools, at sporting
events, synagogues and anywhere you
are. You have to stay on top of the basics
- sports and music. Be friendly and outgoing. Smile.
At risk youth generally do not trust
people in suits. When talking to a “suit”
they feel like they are making admissions
rather than having a conversation. That
hurts your chances at real communication. Their brains are not fully developed
yet, and as a consequence, they have trouble understanding why it is important to
wear a long sleeve shirt, jacket, and a tie
on a 90 degree day.
Remember this: Being professional in
juvenile law doesn’t mean dressing like
everybody else. It means caring about the
kids and doing your best to protect their
rights and help them get through the
teenage years without hurting themselves
or others. Being professional doesn’t mean
playing adult dress up - it means showing
up at some kid’s soccer game because her
parents won’t. Professionalism is not using
big words and having an expensive pen –
it’s being comfortable with yourself without those things.
At-risk youths already have trust
issues and can spot a fake a mile away. If
you are straight with him he will slowly
begin to open up to you. Really listen. Atrisk youths have a hard time expressing
themselves. Show interest and give your
full attention, avoiding distractions like text
messages or phone calls. Don't interrupt by
trying to correct misconceptions. Let the
youth finish speaking before you talk. Ask
open-ended questions to make sure you
understand what the youth said. Watch for
visual clues that let you know the youth no
longer wants to continue the discussion.
Be consistent. Every contact you have
with an at-risk youth requires you to be caring, trustworthy and honest. Don't blow it
because you've had a bad day. Expect this
to be a long process. At-risk youths don't
easily trust others. Be patient and allow
trust to develop at the youth's pace.
Dan Gaskill, Esq., M.S.W.
40 HOUR BASIC MEDIATION TRAININGS
July 11-15, 2011
Silver Spring, MD
Early Bird Fee: $1175 to June 17; Full Fee: $1275; Pay Pal
Registration and Information: www.alternativeresolutions.net
Ellen Kandell: 301-588-5390 and Joyce Mitchell: 301-589-7113
[email protected] and [email protected]
The Bar Association of Montgomery County, MD Newsletter
June, 2011
TECH TALK ... by Pat Hoover
The iPad2 and you ... A couple of
months back I waited in line with a large
crowd of shoppers and finally
managed–after much waiting, a few hassles and a fascinating encounter with a
young engineer holding tens of thousands
in cash for his many "friends" scattered
throughout the que–to purchase Apple's
newest mobile device, the iPad2.
I decided to get the model with the
most memory, 64 Gigs and the built in 3G
cell phone for connectivity, sans wifi. I easily chose AT&T over Verizon as my cell
phone carrier for the 3G cellular connection which I quite enjoy and readily use
when not near wifi (riding the subway,
waiting some place in my car for family to
hop in, many courthouses and also in public and private school meetings where I frequently practice).
To me there was no real contest
between AT&T and Verizon, the other 3G
carrier for iPad2. Verizon was awful to deal
with for the many years I’d previously been
using it and when finally switched to
AT&T a couple of years ago, well, the dif-
CIRCLE
TREATMENT
CENTER
*
*
*
*
*
*
ference was like a wonderful breath of
fresh air: excellent customer service, polite,
knowledgeable support and billing folks.
Besides, the Verizon iPad does not use the
far more dominant cell phone protocol that
AT&T and most others use and is, therefore, much harder, if not impossible, to
connect through overseas.
After two months of trying to figure out
how best to actually make productive, practical use of the iPad2 (I'm not a computer
gamer, I have had no interest in using what
to me is simply an expensive business tool,
for goofing off proposes), I’m finally getting
the hang of it and feeling considerably better
about shelling out the large bucks for Apples
top end iPad2. I readily admit that my learning curve steepens the older I get and no
doubt, many of my younger Gen X colleagues will surely take to the iPad with far
greater ease. My kids, of course, could handle the iPad and its amazing software
(Garage Band, iMovie and others jaw dropping Apps) a lot sooner than the old man.
I’m beginning to master the surface
potential of the device but am happy to
have begun really integrating it into my
legal practice. I am particularly pleased
with iPad2's ability to serve as a writing
tablet. The iPad2 is very cool when used
with a stylus. I now take notes on the iPad2
and use it routinely in client meetings, in
court, when annotating PDF files and in
many other writing functions. I am not particularly great at typing. I often use a
portable Bluetooth keyboard when extensive typing is needed. However, the phenomenal Dragon Dictate software package,
one of many Apps the iPad2 comes with
out of the box, is remarkable for its ability
to convert the spoken word into written text
(much of this article was dictated into my
iPad2 by use of the Dragon Dictate software program).
More recently I have been transferring
entire client files to the iPad2 and using it
in court as a digital file bank allowing me
to quickly scan through files and conduct
business without the usual paper client file,
bulky briefcase and other usual accoutrements. It’s just me and my iPad with my
calendar, client file, note pad, always on
Web connection and well, I feel positively
liberated!
There are a number of iPad legal
blogs, websites and application-specific
software offerings readily available. I have
managed to compile a few of the more
noteworthy of these for any who might be
interested in checking them out and will
bring these to you in later articles on this
remarkable practice tool (and oh yea, unbelievable multi media device). I hope to continue my exploration and use of the iPad2
in my practice and from time to time report
back here on my progress. Next time I’ll
have my list of iPad specific Apps and
websites available for you as well. Wish
me luck!
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Outpatient Mental Health Services
Individual, Couples, Group therapy by licensed professionals
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MVA classes in Spanish and English (new licenses)
424 N. FREDERICK AVE., #8A, GAITHERSBURG, MD ~ 301-258-2626
www.circletreatment.com
COMPLETE CONFIDENTIALITY ASSURED
June, 2011
The Bar Association of Montgomery County, MD Newsletter
13
NEW PRACTITIONERHEADING
SECTION
NEW PRACTITIONER
SECTION
Thank you to all the Mentors,
Mentees, and members of the Bar that
joined us for our Happy Hour at Againn
in Rockville on May 11, 2011.
Please join us for our End of
Year/Summer Kick-Off Happy Hour on
Thursday, June 16, 2011, 5:30 pm 7:30 pm at Daily Grill in Bethesda,
located at 1 Bethesda Metro Center. This
event is sponsored by Stein, Sperling,
Bennett, De Jong, Driscoll &
Greenfeig, P.C. and there will be plenty
of food and drinks provided. We hope to
see all members of the Bar Association
there. Please RSVP to Casey Florance:
[email protected].
We’d like to take a moment to
thank Jeremy Rachlin for his dedication and enthusiasm this year as he
served as our Chambers Chat coordinator. Our chambers chats were wellattended, and Jeremy worked hard to
develop relevant themes for each hosting Judge’s discussion. We’d also like
to thank Chris Roberts for his tireless
work in leading our Mentor/Mentee
Committee. He has done an amazing
job this year, and we can’t thank him
enough. Finally, we’d like to say a
HUGE thank you to this year’s Bar
Executive Committee for their support
and encouragement over the year – we
hope to see each of you at our upcoming Happy Hour!
We hope that everyone has a safe and
enjoyable summer. Stay tuned for
upcoming programs and events!
gram and offer to volunteer to serve as
a mentor for a new attorney. This is a
mutually rewarding program and we
would like to see the program grow. If
you have any questions regarding this
program or are interested in participat-
ing, please do not hesitate to contact
the Chai rman, Chris Roberts, at
[email protected] or (301) 3409090.
Andrew L. Schwartz, Co-Chair
Alison C. (Casey) Weinberg, Co-Chair
Could you use more clients?
If you are interested in joining the
Lawyer Referral Service Panel,
please contact Maria at 301-424-7040
or [email protected]
Litigation Support – Expert Witness Testimony
Business Valuation – Pension Valuation – Financial Analysis
Forensic Accounting – Financial Fraud Investigations
Tax Issues – Income Tax Preparation
Alan Zipp
Certified Public Accountant
Attorney at Law
Certified Business Appraiser
Certified Fraud Examiner
Telephone 301-340-0084 – [email protected]
932 Hungerford Drive, Suite 13 Rockville, MD 20850
CHAMBER CHAT
Chambers Chats are on summer
break until September. Stay tuned for
upcoming chambers chat announcements for the fall.
MENTOR/MENTEE
COMMITTEE
The Bar Association is seeking
mentors in all practice areas – we have
several new admittees who need mentors and we need YOU to volunteer.
We encourage practitioners who have
been in practice for five (5) or more
years to take an active role in this pro14
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING
COMMITTEES
& SECTIONS
ALTERNATIVE DISPUTE
RESOLUTION SECTION
MEETING DATES
June 8, 2011
All meetings will be held on the 2nd
Wednesday of the month at 8:00 a.m. at
the First Watch, located at 100 Gibbs St.,
Unit D, Rockville, MD.
We welcome members of all sections
to attend this important presentation.
Please RSVP to Erik Johnson
([email protected]) if
you plan to attend.
Erik C. Johnson, Co-Chair
Judith A. Mustille, Co-Chair
CIRCUIT COURT BENCH
BAR COMMITTEE
The meeting dates for the year are:
June 1, 2011
All meetings are open and any
members of the BAMC are welcome to
attend the meetings. All meetings will
be held on the 1st Wednesday of the
month at 8:00 a.m. in the Administrative
June, 2011
Judge’s Conference Room on the 3rd
floor of the Circuit Court building in
Rockville.
The Clerk of the Court, Loretta
Knight, brings the following matters to
your attention:
B & T and ASTAR: Please remember, in addition to checking the appropriate box on the Civil – Non-Domestic
Case Information Report, a written onepage statement is required giving the reason for your request. That statement
should be included with your initial filing; however, if it is not, the
Administrative Aides will send you a
checklist asking for it which can cause
some delay in processing your request.
Release of Funds: An order provided with the Request for Release of Funds
from the Court Registry must be specific.
The order should contain the following
wording:
“The principal balance of funds
deposited in the registry of the court,
plus any accrued interest and minus
administrative costs, shall be promptly
released to _____________________,
and mailed to (if applicable)_______________.”
Since the interest amount is obtained by
the Clerk’s Finance Office from the bank
statement, do not put a dollar amount for
the interest in this order. If funds are to
go to more than one party, please state
how the funds, administrative costs and
interest are to be divided.
Attorney Certification: Pursuant
to Rule 1-313, if the address of your
law office is not in the State of
Maryland, please remember to attach a
signed affidavit stating that you can
practice law in the State of Maryland
with your first pleading that you file in
an action.
The Clerk reminds everyone that she
is available to hear any concerns or suggestions you may have. Phone: 240-7779464; email: [email protected].
Master Holly Whittier brings the following matter to your attention:
Court Ordered Mediation: If you
have been assigned a mediator in con-
The Bar Association of Montgomery County, MD Newsletter
(Continued on page 21)
15
Bar Revue 2011
Showmalley’s march
June 15, 2011
Buffet Dinner: Glenveiw Mansion 5:30 p.m. - 7:30 p.m. Show: F. Scott Fitzgerald Civic Center 8:00 p.m.
603 Edmonston Drive, Rockville, MD 20851
Cost: $48.00 Price Includes: Dinner, Beer, Wine, Soda and a Fabulous Bar Revue
Catering by Smokey Glen Farm Barbequers, Inc.
$48.00 Individual
*Each sponsor will be acknowledged in the program and thanked
in the Bar Association Newsletter*
$350.00 Sponsorship (6 Attendees)
$550.00 Sponsorship (10 Attendees)
Name of Law Firm:
Attendees:
Total Number Attending:
Contact Person:
Payment Method:
Payment Due: $
Phone:
Check
Visa/MC/Discover (American Express NOT accepted)
Name on Card:
Card Number:
Exp. Date:
Security Code:
Please mail or fax registration form by June 6, 2011
Individuals may register on-line at www.montbar.org/calendar/
Sponsorships or multi-person registration must be mailed or faxed
Montgomery County Bar Foundation, 27 West Jefferson Street, Rockville, MD 20850
Attn: Yesenia Mendez (301) 340-2534 Fax: (301) 217-9327 [email protected]
2011 Annual Meeting
We would like to
/Law Day Celebration
thank our Exhibitors...
Please support our
Exhibitors
with your business!
List your Firm in The Find A Lawyer Area of
the BAMC Website & the Area of Practice
Listing in the Lawyer Directory
*
... NEW SIGN-UPS ONLY ...
Attorneys already listed in the Find A Lawyer Section of the Website and
the Area of Practice Listing in the Lawyer Directory will be billed separately.
Don’t Be Left Out ... Have your firm listed, with a link to
your website, in the Find A Lawyer area of the Bar
Association website and, as an added bonus, your listing will also appear in the 2011-2012 Lawyer Directory
*
& Desk Reference Area of Practice section (if registration is received within a specified time period). A single
listing in both areas is $110, with additional practice
area listings for $10.00 each.
NAME: ___________________________________
(PLEASE PRINT)
PHONE: ___________________________
Please indicate your Areas of Practice
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
ADMINISTRATIVE LAW
BANKRUPTCY
BUSINESS LAW
CIVIL RIGHTS / CONSTITUTIONAL LAW
COLLECTION / CREDITORS RIGHTS
CONSUMER LAW
CRIMINAL LAW
EDUCATION LAW
ELDER LAW
EMPLOYMENT LAW
ENTERTAINMENT LAW
ENVIRONMENT LAW
ESTATES & TRUST LAW
FAMILY LAW
IMMIGRATION & NATURALIZATION
INSURANCE/ACTIONS AGAINST
JUVENILE LAW
LANDLORD / TENANT LAW
Please make checks payable to the Bar
Association of Montgomery County, MD and
forward with this form to:
27 West Jefferson St.
Rockville, MD 20850
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
¨
LITIGATION DEFENSE
MEDICAL / DENTAL MALPRACTICE
PATENTS, TRADEMARKS, COPYRIGHTS
PERSONAL INJURY
PROFESSIONAL MALPRACTICE
REAL ESTATE
SOCIAL SECURITY
TAX LAW
TORTS (DEFENSE ONLY)
TORTS (PLAINTIFF ONLY)
TRAFFIC VIOLATIONS
VETERANS BENEFITS / MILITARY LAW
WILLS & PROBATE
WORKERS’ COMPENSATION
OTHER __________________________
OTHER __________________________
OTHER __________________________
OTHER __________________________
NEW LISTINGS ...
$ 110.00
(Find A Lawyer Link and Area of Practice Listing
in the Lawyer Directory)
Website: _______________________________________
Additional Practice Area Listings–$10 each
$ _________
TOTAL Amount Enclosed
$ _________
RETURN BY JULY 29, 2011 (for inclusion in lawyer directory).
If you have any questions or concerns, please call Cindy at 301-762-8376
Office Code – A/4099
COMMITTEES & SECTIONS
(Continued from page 15)
junction with your case, please remember to call the mediator directly prior to
the scheduled mediation if the matter
has settled. The mediator does not
receive notice from the Court that a
matter has been settled and may not
learn of the resolution until he or she
appears for the mediation. By making
a simple call, the assigned mediator
can adjust his or her schedule accordingly.
If the case has not been resolved
prior to the scheduled mediation, please
remember that payment is due at the conclusion of that mediation session
If you have any concerns to bring
to the Committee’s attention, please
feel free to contact any Committee
member or David C. Merkin at (301)
309-2525 or [email protected];
or Mimi L. Magyar at (301) 347-1260,
[email protected].
Mimi L. Magyar, Co-Chair
David C. Merkin, Co-Chair
COLLABORATIVE LAW
SECTION
All meetings will be held on the first
Thursday of each month at 5:30 in the CLE
Classroom of the Bar Building as follows:
June 2, 2011 (Our last meeting until
September).
June’s Program: The Participation
Agreement: What is it and why is it
important to your case? Presenters:
Collaborative Attorneys Jan White and
Andrea Hirsch.
In true collaborative tradition we will
have food and drink at each meeting!
We hope to see Family Law, ADR,
Business Law, Commercial Litigation,
Employment Law, Estate & Trust Law,
New Practitioners and any other Section’s
members who want to learn more about the
use of Collaborative in all areas of the law.
You need not be collaboratively trained to
join or attend our meetings.
We had a great Section meeting on
May 5th, and we thank everyone who
attended and participated in the discussion
and role play. In particular, we would like
to thank our presenters Mary Pence, Robin
Taub and Karen Robbins for a very
thoughtful, informative, and interactive
presentation on the subject of enrolling
clients in the Collaborative Process. We
are looking forward to our Fall CLE
“Civil and Commercial Applications in
Collaborative Practice” and a “save the
date” will be announced soon.
Thank you to Stein, Sperling, Bennett,
De Jong, Driscoll & Greenfeig, P.C. for the
refreshments.
See you on June 2nd!
Suzy L. Eckstein, Co-Chair
Darcy A. Shoop, Co-Chair
COMMERCIAL LITIGATION
SECTION
The June breakfast meeting of the
Commercial Litigation Section will take
place on Tuesday, June 14 from 8:00-9:00
a.m., at the offices of Stein, Sperling,
Bennett, De Jong, Driscoll & Greenfeig,
P.C., 25 West Middle Lane, Rockville.
Please RSVP to Chris Grube at (301) 8383269 or [email protected]. More
information as to speaker and topic will be
published and circulated in the near future.
Jeffrey M. Schwaber, Co-Chair
J. Bradford McCullough, Co-Chair
DISTRICT COURT BENCH
BAR COMMITTEE
The District Court Bench Bar
Committee had its May meeting May 5,
2011. There were a number of issues of
interest to the Bar.
(Continued on following page)
METROPOLITAN
PROCESS SERVICES
(301) 929-6819
n
n
n
n
n
n
24 Hour Cell (301) 252-0706
Skip Tracing
Unlimited Attempts
Rush Services within 48 hours
Court Filings Available
Scheduled Pickups
KARL STEPHENS
8719 GEREN RD.
SILVER SPRING, MD 20901
Serving DC, MD and VA
June, 2011
The Bar Association of Montgomery County, MD Newsletter
21
COMMITTEES & SECTIONS
(Continued from preceding page)
New District Court Building: Details
are being firmed up for the move into the
new District Court building. The move will
take place during the week of June 20,
2011. The Rockville court will be closed
after June 17, and will reopen on June 27.
Any court filings that need to be made
between June 17, and June 27, should be
filed in Silver Spring. The only proceedings in Rockville will be bail review hearings. These will take place in the Circuit
Court building. Any domestic violence
cases that would have otherwise been
scheduled to be heard during the week of
June 20, will be scheduled in Silver Spring.
Notices are going out with the courtrooms designated in the new building for
hearings and trials. The first floor will have
a large docket board listing all the cases. In
addition there will be a message board
advising of courtroom locations for other
proceedings. There are also plans for an
information booth near the front entrance
for people coming in the building.
The court will have ten courtrooms and
three hearing rooms. There will also be an
attorney lounge in the building for use of
attorneys. This is expected to be furnished
by the Bar Foundation, similar to the attorney lounge in Silver Spring. There is no
wifi currently planned for the building.
Attempts will be made to reconsider this.
Other Matters: The court will be
closed on Friday, June 13, for a Judicial
Conference. There will be no judges
available. Two retired judges will be sitting, one in Rockville and one in Silver
Spring to handle the civil domestic violence docket and peace orders. There will
also be one felony docket and one bond
hearing docket.
New Forms: There is a new landlord
tenant form that must be used for filings
after May 6, 2011. There is also a new
bank attachment form. Additionally, there
is a new civil complaint form.
Information on when these other forms
may no longer be used will be publicized
once the decision is known.
Parties who are turning themselves
in for Body Attachments and Bench
Warrants: It is necessary to first go to
the police liaison and not the commis-
sioner. This is so arrangements can be
made to transport the person if necessary,
rather than sitting around for an extended
period of time.
Interpreters: The court does not
want attorneys using the time of interpreters. They are only there for the use of
the court, and must be compensated by
the court. Court can not be delayed
because an interpreter is not available
when the interpreter is being used by an
attorney for other matters.
Special Set Cases: Special set cases
should now not be requested unless the
case can reasonably be expected to take
over three hours. It is not sufficient reason that there is an out of state witness, or
that the other side consents.
Continuances: It is not sufficient to
simply file a request for a continuance and
assume it is not necessary to appear. An
attorney must not assume that the continuance will be granted, but rather must have
the request ruled on in advance.
Attorney’s Fees: The court is trying to come up with a unified procedure
for awarding attorney’s fees in civil cases.
Certified
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ROCKVILLE,
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F F I C E ((301)
301) 9
978-9775
78-9775
22
The Bar Association of Montgomery County, MD Newsletter
June, 2011
COMMITTEES & SECTIONS
The court wants to be consistent in ruling
on the affidavits in support of requests for
attorney’s fees.
Purchased Debt: The court would
like to see a statement or bill with the
debtor’s name from the original creditor.
The court is coming up with a check list of
additional information that may be needed
in order to rule on purchased debt actions.
Richard D. London, Chair
stantial experience in employment law
issues and ERISA.
Thanks to all our members for your
participation during this past year. As we
are now planning our events for the Fall,
please let us know of topics that are of
interest to you.
Happy Summer to all of you!
Laurel N. Anchors, Co-Chair
Gwenlynn W. D’Souza, Co-Chair
ELDER LAW SECTION
FAMILY LAW SECTION
June 8, 2011
All meetings will be held on the 2nd
Wednesday of the month at 8:00 a.m. in
the Conference Room of the Bar
Association building.
Harold Krauthamer, Chair
EMPLOYMENT LAW
SECTION
Thank you to Theodore Stein for his
presentation at the April meeting on
ERISA benefits issues as they affect
employers and employees. Mr. Stein is a
long time member of the Bar with sub-
June, 2011
For those of you who weren’t able to
join us at Law Day, we would like to
announce (and thank in advance) the new
co-chairs for the section. Julie B.
Christopher of Stein, Sperling, Bennett,
De Jong, Driscoll & Greenfeig, P.C., Erin
L. Kopelman of Lerch, Early & Brewer,
Chtd., and Samantha H. Kravitz of
Delaney McKinney, L.L.P., will take the
reigns for the 2010-11 year. Without putting any pressure on them, we are certain
that the section is in excellent hands.
We would like thank the presenters
of the “Privileges in Family Law Cases”
CLE: Stephen Moss, Ronald Ogens,
Deborah Webb and Heather Hostetter.
We would also like to thank Bryan
Renehan and Paul Reinstein for giving a
second Family Law Update because of
the popularity of the first presentation.
Finally, please keep in mind that,
although summer is almost here, the need
for pro bono services does not take a
vacation. There are several opportunities
to volunteer, including taking calls for the
“Pro Bono Hotline” as well as taking on
training groups for attorneys who accept
pro bono cases in exchange for attending
the Rita Rosencrantz Basic Family Law
Training. If you are interested in volunteering – either to serve as a Hotline attorney or Training Group host, please e-mail
Lindsay Parvis: [email protected].
Stay tuned to the listserve for other
announcements and events. We hope you
all have a relaxing summer!
Erik P. Arena, Co-Chair
Brian K. Pearlstein, Co-Chair
Robert D. Weinberg, Co-Chair
The Bar Association of Montgomery County, MD Newsletter
(Continued on following page)
23
COMMITTEES & SECTIONS
(Continued from preceding page)
We would like to thank Erik P.
Arena, Robert D. Weinberg and Brian
K. Pearlstein who did an amazing job as
Family Law Section Co-Chairs this
year.
To gear up for another fantastic
year, we will be having the annual
Family Law Section Planning
Meeting on Wednesday, June 22,
2011 at 5:30 p.m. in the Bar
Classroom. If you are interested in
volunteering to work on one or more of
the Section’s many committees please
join us. If you are unable to attend, but
are still interested in volunteering,
please send us an email. The success
of the Section depends largely upon the
hard work and dedication of its volunteer members. Stay tuned for further
details.
2011-2012 Co-Chairs
Julie B. Christopher
Erin L. Kopelman
Samantha H. Kravitz
PROFESSIONALISM & THE
QUALITY OF LIFE
COMMITTEE
A huge thank you to Jill Breslau Esq.
for our relaxing, yet exciting, program on
meditation on May 17th—it was a huge
success! We hope that those in attendance will continue to employ the meditation techniques they picked up during
the program as we head into the summer
months. What a perfect way to rejuvenate your spirit! The Professionalism and
Quality of Life Committee will reconvene in the fall at the start of the Bar year
with a planning meeting. Stay tuned for
details.
The Professionalism and Quality of
Life Committee will continue to have
volunteers help at Shepherd’s Table on
every third Friday of the month through
the summer. Please contact Dan Shaivitz
at [email protected] if you are interested
in volunteering at Shepherd’s Table.
If you have any thoughts or comments
STEPHEN J. DUNN
ATTORNEY AT LAW
FEDERAL WORKERS COMPENSATION (OWCP)
OFFICE OF PERSONNEL MANAGEMENT (OPM)
DISABILITY RETIREMENT
U.S. MERIT SYSTEMS PROTECTION BOARD
SECURITY CLEARANCE APPEALS
110 West Road, Suite 445
Towson, MD 21204-2364
Phone (410) 321-8368
Fax (410) 321-1599
208 East Market Street
York, PA 17401-1249
Phone (717) 845-7301
www.sdunnlaw.com
METRO COUNSELING
SERVICES, INC.
A comprehensive approach to DWI/DUI
þ Assessment and evaluation
þ Education (six weeks)
þ Counseling (26 weeks)
þ Relapse prevention
þ Approved and Certified
þ Expert Testimony
by the State of Maryland
þ Forensic drug screening
JERRI BENNER-GUNNISON, DIRECTOR
15719 Crabbs Branch Way - Rockville, MD 20855
301-670-6161 - (fax) - (301) 670-6163
www.metrocounselingservices.com
for the Committee, please contact Heather
Collier at [email protected] or Rhian
McGrath at [email protected].
Heather S. Collier, Co-Chair
Rhian McGrath, Co-Chair
REAL ESTATE LAW
SECTION
June 14, 2011
October 11, 2011
September 13, 2011 November 8, 2011
All meetings will be held on the 2nd
Tuesday of each month at 8:00 a.m. in the
Conference Room at the offices of Shulman,
Rogers, Gandal, Pordy & Ecker, P.A.
Matthew D. Alegi, Co-Chair
Alexis Peters, Co-Chair
Rhian McGrath, Co-Chair
STRATEGIC PLANNING
COMMITTEE
The Strategic Planning Committee has
completed its plan for 2011-2012 and will
be presenting same to the Association’s
Executive Committee and the Foundation
Board of Directors.
Meetings will resume in September,
with dates to be announced.
David A. Pordy, Chair
TAXATION LAW SECTION
Welcome back to summer and the
warmer weather! As always, there are a
number of recent developments to apprise
you of in tax law at both the federal and
state levels. To start you off, here are a
few:
The Tax Court Again Invalidates
Regulation Imposing Time Limit on
Request for Equitable Innocent
Spouse Relief. The Tax Court in
Pullins v. Commissioner, 136 T.C. No.
20 (2011) invalidates IRS Reg. 1.60155(b)(1) which provides that a spouse
requesting relief under Code Sec.
6015(f) must do so no later than 2 years
from the date of the collection activity
against the requesting spouse. Under
Code Sec. 6013(d)(3), taxpayers filing
joint income tax returns are jointly and
severally liable for the taxes due.
However, Code Sec. 6015 provides
relief from joint and several liabilities
under certain conditions.
The Court’s disagreement arises
over the difference between the Code
(Continued on page 21)
24
The Bar Association of Montgomery County, MD Newsletter
June, 2011
COMMITTEES & SECTIONS
and the Regulations. While Code Sec.
6015(f) does not impose a 2 year
requirement, IRS Regulation § 1.60155(b)(1) does. The Tax Court has taken
the position that the Regulations are
wrong. In Lantz v. Commissioner, 132
T.C. 131 (2009) the Court held that
Reg. § 1.6015-5(b)(1) is an invalid
interpretation of Code Sec. 6015(f). In
Pulllins, the Court again held that the
application of the Regulation will lead
to an inequitable result and should not
be applied. Consequently, on April 29,
2011 in a letter to the U.S. House of
Representatives, IRS Commissioner
Doug Shulman stated that he had
directed the IRS to review the rules
governing innocent spouse determinations.
Taxpayers Opting Out of
Overseas Disclosure Program Retain
Audit Rights. Taxpayers who opt out of
the IRS's program to voluntarily disclose
their overseas assets in favor of a traditional audit still retain the same rights
that taxpayers have in the IRS's regular
audit process. This is despite the fact
that the agency may look further back
and agents are instructed to look for all
applicable penalties. Absent fraud, 6
years is as far back as the IRS will go
according to John McDougal, IRS
Office of Chief Counsel, at the May
meeting of the American Bar
Association Section of Taxation. Under
the current voluntary disclosure program
the period is 8 years. Per McDougal IRS
agents cannot unfairly assess penalties
against taxpayers who opt out of the program. McDougal's comments came in
response to concerns raised by practitioners who said taxpayers are experiencing significant difficulties in deciding whether to enter the 2011 OVDI program.
IRS Provides Interim Guidance on
Form W-2 Reporting for Cost of
Health Coverage. The IRS has issued
interim guidance (Notice 2011-28)
requiring employers to report the cost of
health care coverage for each employee
on the employee’s Form W-2. The
Patient Protection and Affordable Care
Act specifically requires employers to
report the aggregate cost of employerprovided health care coverage on each
employee’s Form W-2.
In Notice 2010-69, the IRS made
this reporting requirement optional for
the 2011 calendar year with it being
effective beginning in 2012. Employers
will report the aggregate cost of health
care coverage on Form W-2 in box 12,
using code DD. Notice 2011-28 provides that in the case of the 2012 Forms
W-2, and until the IRS issues additional
guidance, an employer is not subject to
the reporting requirement for any calendar year if the employer was required to
file fewer than 250 Forms W-2 for the
preceding calendar year.
IRS Opens Up CAP to Allow
Corporate Taxpayers with $10 Million
in Assets to Apply. On March 31, 2011,
IRS released IR-2011-32, expanding and
making permanent the Compliance
Assurance Process (CAP) allowing corporate taxpayers to resolve issues before
filing their tax return. Previously only
available by invitation, corporations with
at least $10 million in assets that are publicly traded or willing to submit quarterly
audited financial statements generally
may apply. The focus is on issue identification and resolution through transparent
and cooperative interaction with the IRS.
It requires a contemporaneous exchange
of information related to a taxpayer’s proposed return positions and its completed
events and transactions that may affect
federal tax liability.
While not suitable for every taxpay(Continued on following page)
Security Clearance
Lawyers
McAdoo Gordon &
Associates, P.C.
202­293­0534
www.mcadoolaw.com
June, 2011
The Bar Association of Montgomery County, MD Newsletter
25
COMMITTEES & SECTIONS
(Continued from preceding page)
er, it may provide an excellent opportunity for some corporations. Potential benefits include: (1) resolving issues before
the return is filed; (2) achieving tax certainty sooner with less administrative
burden than in traditional post-filing
examinations; and (3) better management
of tax reserves and more precise financial
statements.
MARYLAND
O’Malley Signs Electric Vehicles
Charging Credit. The Governor recently signed a bill to provide owners of electric vehicles with a $400 tax credit
towards installation of electric vehicle
charging stations in their homes. While it
could be costly to install, the bill requires
the Public Service Commission to establish a pilot study on how best to encourage off-peak charging of electric vehicles,
and to establish a statewide electric vehicle planning council.
Give Where You Live and Get a
State Income Tax Credit. The Maryland
Department of Housing and Community
Development (DHCD) launched a new
26
online tool to highlight tax credit eligible
projects of 100 Maryland nonprofits.
Individuals and corporations interested in
helping strengthen their communities
now have a mechanism to identify meritorious local projects according to the
DHCD. Secretary Raymond A. Skinner
announced that the resource is available
at www.mdhousing.org/GIVEMaryland.
We will look forward to touching
base with you all in our next article and
seeing you in the fall. Have a wonderfully abundant and peaceful summer!
Chaya Kundra, Chair
BAR REVUE
Wednesday, June 15, 2011
Dinner: 5:30 p.m. - 7:30 p.m.
Glenview Mansion
Show: 8:00 p.m.
F. Scott Fitzgerald Civic Center
Register Now ... See Insert This Issue or
visit our website at www.montbar.org
The Bar Association of Montgomery County, MD Newsletter
June, 2011
PRO BONO UPDATE... by Clarice Ewing, Program Coordinator
Congratulations to attorneys Elizabeth M.
Pugliese, Heather R. McCabe and Emily L.
Russell for receiving the President’s Citation for
Outstanding Pro Bono Service at the annual
meeting held in April. Thank you to all the
attorneys that stopped by the Pro Bono Program
information table. Attorneys have three opportunities to work with the program: volunteer at
a legal advice clinic, accept pro bono cases, and
assist new attorneys as a legal resource.
For information about volunteering
with the Pro Bono Program or family law
training, contact Clarice at 301.762.5831
[email protected].
We are scheduling volunteer attorneys to
staff the Pro Bono Program legal advice clinics for the remainder of the calendar year. The
program operates four walk-in legal advice
clinics that are held twice each month in four
different locations (see box below) to assist
low-income residents of Montgomery County
in obtaining legal representation or legal
advice in civil matters. Eligible clients present
their legal problems to an attorney for immediate legal advice, consultation, and/or referrals. Each clinic is staffed with one or two
supervising contract attorneys. In addition,
five volunteer attorneys are needed at each
location. We strive to have attorneys from a
variety of practice areas available to meet the
client legal needs. New attorneys are welcome
to volunteer at the clinics. By volunteering at
a clinic you have the opportunity to network
with other attorneys and clients. To add your
name to the schedule of volunteers, contact
Clarice. Attorneys must contact the Pro Bono
office to be placed on a clinic schedule.
In the Pro Bono Program office, the staff
maintains an intake line for clients in need of
pro bono legal assistance. The intake line is
open from 9 AM to 4:30 PM Monday through
Thursday. Callers that have a type of case that
we handle and meet all eligibility requirements
have their legal case opened by the staff and
referred to an attorney for legal assistance.
Cases are referred related to limited debt collection defense, private landlord tenant, wills and
power of attorney, limited immigration and
limited employment issues. Divorce, separation
agreement and custody issues are a large portion of referred cases. We also refer adoption
and guardianship cases as well as simple name
changes. If a caller requests assistance with a
modification, contempt, emergency or post
judgment matter we cannot open a case.
The Pro Bono Program participates in the
Maryland Legal Services Corporation
Judicare Program for custody and complex
family cases. Attorneys that accept a Judicare
case can seek reimbursement of $80 per hour
with a limit of 20 hours per case. The Pro
Bono Program requires attorneys accepting
placement of a Judicare funded case to accept
a pro bono case at the same time.
The staff continues to recruit attorneys to
accept pro bono and Judicare cases. We would
like for you to join our team of attorneys! To
assist attorneys in working with pro bono
clients, the conference room in the Bar
Association office building can be reserved
for meetings. The Bar Association office is
located very near the Rockville Town Square
and the Courthouse. The office is easily accessible by bus transportation and Metro subway
service. With advance notice, language-interpreting services can be made available.
Experienced attorneys can assist the Pro
Bono Program by volunteering to receive calls
from new attorneys. A new attorney working
with the Pro Bono Program may have questions about a particular case and call our office
seeking assistance. Volunteering to assist as a
legal resource offers valued support to the Pro
Bono Program with a small time commitment.
The Rita Rosenkrantz Family Law
Training is available by webcast for attorneys
licensed in Maryland and in good standing.
The six-hour training seminar is a must see for
attorneys who want to expand into this practice area or who would like a review. The
compilation of family law materials and the
webinar are available at no cost when the
attorney signs an agreement with the Pro Bono
Program to take a pro bono case. Attorneys
who accept a pro bono case will have the
opportunity to participate in a small training
group hosted by experienced attorney. Space
in a training group is limited.
The following attorneys provided
legal services for the Pro Bono Program
during April 2011. On behalf of the Board
of Directors of the Foundation we thank
these attorneys for their dedication and
service.
Pro Bono Case Referrals
Robert C. Baker Jr.
Rodella Berry
Jibril Brown
Alyssa Chang
Evan Goitein
Kevin Hessler
Anne Higdon*
Jonathan Isaacs
Debra Koh
Sterling G. Mead
Andrew Murnane
Debra Oliver
Afshin Pishevar
Louise H. Schwartz
Elizabeth Pugliese*
Joaquin Sequeira
David A. Slacter
Rosa M. Sobhraj
Gary Stein
Andrew Ucheomumu
Marylynda Vorv
Lynette Whitefield
Eva Y. Xu
Judicare Referrals
Robert C. Baker Jr.
Rodella Berry
Jibril Brown
Alyssa Chang
Evan Goitein
Kevin Hessler
Anne Higdon*
Jonathan Isaacs
Debra Koh
Heather McCabe
Sterling G. Mead
Andrew Murnane
Debra Oliver
Louise H. Schwartz
Elizabeth Pugliese*
Rosa M. Sobhraj
Andrew Ucheomumu
Marylynda Vorv
Lynette Whitefield
Gilchrist Germantown Center
Jonathan Bloom+
MaryKay Canarte+
Virginia Joehl
Michael Lemov
Maura Lynch
Jody Malmstrom
Jonathan Naylor
Eric Neuman
Robert Wagman
Gilchrist Wheaton Center
Elizabeth Campbell
Sandra Guzman
Jay Marks+
Kate McDonough
Mary Rhodes
Teri Rinehart
Joaquin Sequeira
Daphna Sher
David Vega+
Juan Washington+
TESS Center
EVENING CLINICS
1st and 3rd Wednesday of each month
(6:00 PM to 8:30 PM)
Tel: (301) 565-7675
TESS Community Service Center
8513 Piney Branch Road
Silver Spring, Maryland 20901
2nd and 4th Wednesday of each month
(5:30 PM to 8:30 PM)
Tel: (240) 777-4940
Charles W. Gilchrist Center
for Cultural Diversity
11701 Georgia Avenue, 1st Floor
Wheaton, Maryland 20902
Ken Auerbach
Jeff Barham
Melody Burch
Rogen Golden
Jay Marks+
2nd and 4th Tuesday of each month
(6:00 PM - 8:30 PM)
Tel: (240) 777-6940
Charles Gilchrist Center for Cultural
Diversity - Upcounty Germantown
12900 Middlebrook Road
Germantown, MD 20874
1st and 2nd Thursday of each month
(5:30 PM - 8:30 PM)
Tel: (240) 777-8400
EAST County Regional Services
Center
3300 Briggs Chaney Road
Silver Spring, MD 20904
Joe Gaffigan
Eric Neuman
Shelly M.Ingram
Megan O’Connor
R. Manny Montero+ Elizabeth Pugliese
Yonelle Moore
June, 2011
Kate McDonough
Yvie Mondenge
Priya Sharma
David Vegav
Juan Washington+
East County Briggs Chaney Clinic
* = 2 cases
+ = Supervising Attorney
The Bar Association of Montgomery County, MD Newsletter
27
SPECIALTY BAR ASSOCIATIONS
HEADING
J. FRANKLYN BOURNE BAR
ASSOCIATION, INC.,
MONTGOMERY COUNTY
COMMITTEE
The next J. FRANKLYN BOURNE
BAR ASSOCIATION, INC., Montgomery
County Committee meeting will be held
on Saturday, June 4, 2011, from 9:30
a.m. to 11:30 a.m. in the conference room
of the Bar Association of Montgomery
County, Maryland, 27 West Jefferson
Street, Rockville, Maryland 20850.
Breakfast will be served.
The Committee usually meets on the
first Saturday of the month. If you cannot
attend this meeting, please join us on
Saturday, September 10, 2011. For more
information, please contact our committee
chair, Holly Reed, Esq. at (301) 587-9480
or [email protected].
The next J. Franklyn Bourne Bar
Association General Body meting is
Thursday, June 16, 2011 from 6 pm to 9
pm at the Vista Gardens Market Place,
10201 Martin Luther King, Jr. Highway,
28
Bowie, MD 20720. Please keep an eye
open for our New Admittee Reception in
July.
MONTGOMERY COUNTY
WOMEN’S BAR ASSOCIATION
This is my last column as President of
the Montgomery County Chapter of the
Women’s Bar Association. I want to take
this opportunity to congratulate our newly
elected Executive Board members and
wish all of them the best of luck for a successful year:
President Barbara Graham
President Elect Margaret Schweitzer
Secretary Sharon L. Johnson
Treasurer Sherry Leichman (2 year term)
At Large (1-year term) The Honorable
Audrey Creighton
At Large (1-year term) Diana Gary
As I look back over this past year and
beginning with the annual Normandy
Farm dinner, through the Judicial
Reception, holiday party, mid-winter
happy hour, the leadership lunch, Take-
Your-Child-to-Work luncheon, I could not
be more pleased with the tremendous success of all of our programs. I am extremely proud of how we came together in support of the Commission for Women as they
faced the county’s budget axe. Our new
facebook page and twitter account allow
us to reach out to more members. Many
new faces joined us this year, bringing
fresh energy and ideas and ensuring that
our chapter will continue to thrive in the
years to come.
I want to thank all of the committee
and program chairs for your hard work and
dedication during the past year: Judicial
Reception – Rhian McGrath and Jilian
Dilaura; Normandy Farm Dinner – Donna
Van Scoy; Melissa Kucinski and Molly
Milam – Holiday Party; Mary Lombardo
and Mindy Felinton – Mid-Winter
Membership Happy Hour; Jessica Hepburn
Sadler and Molly Milam (again!) –
Leadership Lunch; Sherry Leichman and
Lenore Schneiderman – End of Year Party
and Kate McDonough for bringing us into
the 21st century with facebook and twitter.
A special note of thanks goes to
Judge Marielsa Bernard, Darcy Shoop and
the many members of their committee for
the Take-Your-Child-to-Work Luncheon.
Thank you also to Judge Kathy Savage
and all of her volunteers for the Prepare
for Success program at Montgomery
College.
To each member of the Executive
Board, thank you for all of your efforts and
most importantly for your support this
year. My sincerest gratitude to Sharon
Johnson for her work in spearheading our
support the Commission for Women and
for her testimony before the County
Council.
If I have forgotten to mention anyone,
please excuse the lapse (short term memory goes first…) and know that your contributions are very much appreciated.
I am grateful for having been given
the opportunity to serve as chapter president during the past year; it has truly been
a rewarding and enriching experience. I
look forward to seeing everyone at our
annual End-of-Year party which will be
held on June 1st, at Lenore
Schneiderman’s home, 8617 MacArthur
Boulevard, Bethesda, from 5:30 pm to
7:30p.m. Dress is casual. Come join us
for some good food, conversation and
camaraderie as I pass the torch to our
incoming officers.
Master Lisa Stearman Segel, President
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING
WHAT’S
NEW ...
LEGAL ANNOUNCEMENTS
ECONOMIC VALUATIONS
The firm of Ethridge, Quinn, Kemp,
McAuliffe, Rowan & Hartinger is
pleased to announce that Thomas M.
DeGonia, II has joined the firm as a
Senior Associate. Mr. DeGonia will
focus his practice in litigation in the state
and federal courts, primarily in the area of
white-collar crime and general criminal
practice. He will also continue his practice in civil litigation. Prior to entering
private practice, Mr. DeGonia served as
an Assistant State's Attorney for
Montgomery County for eight years and
in the last four years he led the Bethesda
felony prosecution team. He has prosecuted cases in the District and Circuit
Courts of Montgomery County. During
the Clinton administration, he worked
with the U.S. Department of State, Office
of Inspector General, Office of Counsel
as an attorney advising on criminal and
foreign policy matters. Tom also performed extensive work with the Freedom
of Information Act and received the
Franklin Award for this service. Tom can
be reached at [email protected]. The
firm is located at 27 & 33 Wood Lane,
Rockville, Maryland 20850, (301) 7621696, and 100 N. Court Street, Frederick,
Maryland 21701, (301) 698-8182,
www.eqkmrh.com.
Mindy Felinton of Felinton Elder Law
& Estate Planning Centers in Rockville
has also opened locations in Columbia,
MD and Delray Beach, FL. In addition,
she has recently joined the District of
Columbia Bar Association.
Joseph, Greenwald and Laake, P.A.
(JGL), a prominent law firm servicing
suburban Maryland and Washington,
DC., is pleased to announce that four of
its attorneys—Timothy F. Maloney,
Cary J. Hansel, Steven B. Vinick and
Veronica B. Nannis—have been honored
with the 2011 Trial Lawyer of the Year
Award by the Maryland Association for
Justice (MAJ). The MAJ Trial Lawyer of
Pushkin &
Pushkin, Inc.
Actuaries & Consultants since 1979
• Pension Divorce Valuations
• Actuarial Valuations
• 401 (k) Marital Tracings
• Expert Testimony
• Wrongful Death & Personal Injury Analyses
• Loss of Earnings Studies
www.pushkinandpushkin.com
Member of the National Association of Forensic Economics
Pushkin & Pushkin, Inc.
30 E Padonia Rd., Suite 406 • Timonium, MD 21093
Baltimore: 410.561.1945 • Washington: 301.951.9430
the Year Award is bestowed upon the
team of Maryland trial lawyers who have
made the greatest contribution to the public interest by litigating cases of precedential value—either because they
changed the law in a way that is beneficial to Marylanders or has, for other reasons, "sent a message" to those who
might otherwise trample upon the rights
of Maryland citizens.
Pasternak & Fidis, a Bethesda law firm,
has hired Adam Swaim as a new associate in its Estate Planning &
Administration Group. He is the second
new associate that this group has added in
2011 as the group continues to expand
and grow. Mr. Swaim received his J.D.,
with honors, from Syracuse University in
2005. In the fall of 2011, he will begin a
program towards an LL.M. in taxation
and a certificate in estate planning at the
Georgetown University Law Center.
Before joining Pasternak & Fidis, Mr.
Swaim was an associate at a law firm in
Bethesda, with a concentration in estate
planning and estate and trust administration.
Ridberg Aronson LLC is please to
announce the completion of their new
office space and the relocation of their
office to 7501 Wisconsin Ave., Suite
400E, Bethesda, MD 20814. The firm
telephone number is 301-363-1139 and
their website is www.ridberglaw.com.
Walker & Murphy, LLP is pleased to
announce that Shelley L. Bagoly,
Esquire, has joined the firm as Of
Counsel. Shelley has more than twenty
years experience defending medical malpractice, long term care, and insurance
litigation matters and will continue in
those areas for the firm.
RENT/LEASE
Impact of tax treaties and visa status on U.S. and foreign source income
Imp
me
Preparation of Forms 1040NR and 1042S
W
BETHESDA – 3 large suites available in
office on 11th floor. Approximately 1600
sq. ft. Looking for 1, 2, or 3 tenants.
Huge, sunny windows with spectacular
view of Bethesda. Garage parking below
building available. Nice kitchen, two
blocks away from Bethesda metro,
reception area, space for support staff.
Separate room for storage, copier, fax
machine and possibility of sharing such
equipment and DSL internet. Call Phyllis
(Continued on following page)
June, 2011
The Bar Association of Montgomery County, MD Newsletter
29
WHAT’S
HEADING
NEW ...
(Continued from preceding page)
or Tom at 301-654-7994 or email
[email protected].
BETHESDA – 2,188 square foot office
space in downtown Bethesda. Located
adjacent to Bethesda Metro on the 5th
floor of 3 Bethesda Metro Center, a
Trophy Class A office building in the heart
of Bethesda. Includes windowed office
space, paralegal/administrative work
stations, conference room, receptionist
area, and kitchen. Contact: Brendan
Delaney
301-656-2102
or
[email protected].
COLUMBIA – Beautiful windowed
office in upscale, newly renovated law
firm (9.5’x15’). Available amenities
include reception area, eat-in kitchen, 2
conference rooms, furniture, and separate
support staff work area. Rent depends on
amenities utilized. For more info or to
view the space please contact Jen at
[email protected].
FREDERICK – 2 offices available for
rent. 1 exterior office (12’x10’) with
window. 1 interior office (10’x8’) without
window. Shared office suite with small
law firm in commercial building within
walking distance to the courthouse.
Access to conference room. Ideal for
professional with assistant or individual
use. Located at 7 North Market Street,
Suite 301, Frederick (next to BB&T Bank
on the corner of North Market & West
Patrick Streets). For information, contact
Eugene Souder at 301-442-4780.
GAITHERSBURG – Individual Offices
and/or 2 Office Suite. Copier, fax,
voicemail, conference room, DSL and road
signage available. Desirable location on
Route 355. $750-$1,500/month. Call 301987-2002 or email [email protected].
GERMANTOWN – Churchill Executive
Office Park – high visibility, convenient to
I-270; 1,000 SF end unit now available.
Call 301-251-9200.
ROCKVILLE – Complete Office Suite
for rent to sole practitioner or small firm.
Three private offices, secretarial/
reception area, storage room, and
restroom. Lovely second floor view of
Route 355 and the Metro trains. Jackson
Place Office Condominium in front of
Montgomery College. Lots of parking
and easy access. Alan Zipp, CPAAttorney, 301-340-0084.
30
ROCKVILLE – COURTHOUSE
LOCATION – $1,000/month: Window
office (12x16) with built in bookshelves
available in walk-up suite located just two
blocks from the Rockville Courthouses.
Perfect for solo practicing attorney. Very
pleasant
and
relaxed
working
environment, located on East Jefferson
Street. Use of two conference rooms,
reception area, kitchen, etc. FREE
parking. Call Mike at 301-251-9660 or
email:
[email protected].
AVAILABLE JULY 1ST OR SOONER.
ROCKVILLE – Medium sized law
firm has a first floor, furnished,
windowed office for lease. Office is
perfect for a solo practitioner. We are
located on North Washington Street and
within walking distance of the
courthouses and Metro. Shared use of
two conference rooms, reception area,
copy area and kitchen. Ample parking is
available. Call for an appointment 301251-8500.
ROCKVILLE – One full-time and one
part-time or satellite office in a beautiful
penthouse suite in premium office
building with outdoor terrace. One block
from Circuit Court. Adjacent to the
Rockville Metro Station. Full use of
conference room, reception, copier, and
kitchen, and other amenities for a
reasonable cost. Call Stanley at 301-3403003.
ROCKVILLE – 1 or 2 offices available.
1 large and 1 small windowed offices
available for rent in a shared office suite.
Located at 50 West Montgomery Ave.
Five minute walk to Circuit/District court
and walking distance to metro. Free
parking for clients and staff, access to
conference room, file storage, full
kitchen, receptionist included in price.
Please contact Diana Gary at 301-2942334.
ROCKVILLE – One windowed office
for rent in townhouse next to jury parking
lot. Use of 2 conference rooms, library,
DAVID HARRISON, INC.
APPRAISALS
MD REAL PROPERTY APPRAISALS - $300.00
MD PERSONAL PROPERTY APPRAISALS - $300.00
COMBINATION FEE - BOTH FOR $500.00
MD LICENSE #83
CERTIFIED APPRAISER #38315
LICENSED BROKER MD SINCE 1959
WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES.
301-258-9317
WWW.MARYLANDAPPRAISER.COM
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING
WHAT’S
NEW ...
kitchen and client waiting areas. Free
parking. Digital copier/Internet use
available. A block to Circuit Court. $695.
Call 301-251-1600.
ROCKVILLE – One windowed office
on second floor of two-level office
building that has a reception area,
conference room, kitchen, copier, FAX
machine and free parking. Walking
distance to Circuit/District Courts and
Metro.
Reasonable rent.
Contact
Benjamin A. Klopman at 301-424-0677.
ROCKVILLE – 2 offices (w/ 2 windows
each), reception area, 1 private bath and
own thermostat.
Free unrestricted
parking, walking distance (2 blocks) to
courthouse. 2nd floor - staircase (no
elevator). New carpet, freshly painted.
Large law firm occupies 75% of building.
Available immediately.
$1,500 per
month. Call 301-251-0756.
ROCKVILLE – Walk to Courthouses
and Metro. Windowed & Non-windowed
spaces. Windowed: 16 1/2 x 9 1/2; Non-
windowed: 15 1/2 x 10 1/2. 600 Jefferson
Plaza – “The Eagle Building”. Indoor
parking FREE for guests. Parking and
cubicles available for staff. Includes use
of conference room and kitchenette.
Copier/scanner/fax available. Stop by
anytime. Call 240-370-1901 or 301-2798773.
ROCKVILLE – Windowed office
available on lobby level of 50 West
Montgomery Ave. Includes use of
conference room, WIFI, receptionist
services and free parking.
Copier
available. Contact Margaret 301-2179388 or [email protected].
SILVER SPRING – Downtown –
Windowed fully furnished 12’ x 12’ law
office for rent. Located in a 3,000 sq. ft
fully renovated law office suite. All
amenities including use of full kitchen,
spacious conference room, fax and copier.
Wired for high-speed internet and phone.
Referrals among attorneys are common.
Professional, friendly and relaxed
environment. Ample parking in the area.
One block from District courthouse. Email
[email protected] or call
301-587-9170 for appointment.
SILVER SPRING – Suite conveniently
located to 495 exit 28A with 5 offices,
Conference room/reception/secretarial
space. Free parking and telephone system
in place. Ideal for shared office
arrangement. Contact Debbie Oliver
301-367-4021.
ATTORNEY OPPORTUNITIES
CORPORATE ATTORNEY – West &
Feinberg, P.C., an established Bethesda
law firm, is looking to hire an associate to
join its corporate/transactional practice
with an opportunity to expand into estate
planning. The ideal candidate will have
excellent academic credentials and 2-4
years of large firm experience in
corporate and/or tax law. Portable
business is welcome but not required.
For additional information about our
practice, visit www.westfeinberg.com.
To apply, forward a resume to
[email protected].
LITIGATION ATTORNEY – McMillan
Metro, P.C., a well established AV rated
law firm located in Rockville, Maryland,
is expanding. We are currently looking
for a Litigation Attorney who will bring
value to our Firm and match our culture.
For further details regarding the available
positions, please visit our careers page at
www.mcmillanmetro.com.
Could you use
more clients?
To sign up for the
Lawyer Referral Service,
contact Maria at 301.424.7040
or [email protected]
~
In these Economic Times,
How can you afford NOT to belong?
June, 2011
The Bar Association of Montgomery County, MD Newsletter
31
WHAT’S
HEADING
NEW ...
ADVERTISERS INDEX
NEW MEMBERS
Asukwo N. Archibong, 2200 Phelps
Rd., Adelphi, MD 20783; tel.: 202-6569414; email: [email protected]
Jonathan R. Carroll, 2730 University
Blvd., West, Suite 910, Silver Spring,
MD 20902; tel.: 240-292-7200; fax: 240292-7225; email:
[email protected]
Jennifer Yi Man Cheung, 11516
Gainsborough Rd., Potomac, MD 20854;
tel.: 917-536-1901; email:
[email protected]
Rudy Chounoune, 1416 R St., NW,
Apt. 302, Washington, DC 20009-5222;
tel.: 646-285-4390; email:
[email protected]
Luis M. Dickson, 710 Roeder Rd., Apt.
506, Silver Spring, MD 20910; tel.: 859327-7353; email:
[email protected]
Dione T. Duckett, 2900 Van Ness St.,
NW, Washington, DC 20008; tel.: 202806-8128; fax: 202-806-8441; email:
[email protected]
Kara L. Fischer, 2800 Quebec St., NW,
#911, Washington, DC 20008; tel.: 631241-0415; email:
[email protected]
Michael J. Gabriel, 7803 Westfield Dr.,
Bethesda, MD 20817; tel.: 301-2294812; fax: 202-994-6213; email:
[email protected]
Beth H. Irving, 25 West Middle Lane,
Rockville, MD 20850; tel.: 301-8383224; fax: 301-354-8124; email:
[email protected]
David E. Kay, 3 Bethesda Metro Center,
Suite 460, Bethesda, MD 20814; tel.:
301-657-0724; fax: 301-347-1787;
email: [email protected]
Zachary W. J. King, 2273 Research
Blvd., Suite 200, Rockville, MD 20850;
tel.: 301-948-3800; fax: 301-948-5449;
email: [email protected]
Peter W. Larson, 50 Maryland Ave.,
Chambers 600, Rockville, MD 20850;
tel.: 240-777-9362; fax: 240-777-9364;
email: [email protected]
Stephen D. McClung, 423 Little Quarry
Rd., Gaithersburg, MD 20878; tel.: 301-3519824; email: [email protected]
Mark W. Oakley, 51 Monroe St., Suite
600, Rockville, MD 20850; tel.: 301424-8081; fax: 301-294-0892; email:
[email protected]
Gideon Obi, 5020 Sunnyside Ave., Suite
222, Beltsville, MD 20705; tel.: 301765-4576; fax: 866-576-6567; email:
[email protected]
Jeffrey M. Orenstein, 15245 Shady
Grove Rd., Suite 465, North Lobby,
Rockville, MD 20850; tel.: 301-9846266; fax: 301-816-0592; email:
[email protected]
Lewis M. Silber, 600 East Jefferson
Street, Suite 350, Rockville, MD 20852;
tel.: 301-560-4477; email:
[email protected]
Parker M. Sinclair, 4733 Bethesda
Ave., Suite 345, Bethesda, MD 20814;
tel.: 301-913-2948; fax: 301-951-0147;
email: [email protected]
Sarabjit Singh, 8607 Second Ave., Suite
507, Silver Spring, MD 20910; tel.: 301562-2828; fax: 301-565-3104; email:
[email protected]
David C. Merkin, Esq. & Michael S. Rothman Esq.
announce the formation of
Maryland Bail Bond & Insurance, LLC d/b/a
MarylandBail.com
401 E. Jefferson St. Suite 201 Rockville MD 20850
301.738.BAIL(2245) 888.580.0116 Fax: 301.738.2077
Email: [email protected]
32
Alternative Resolutions . . . . . . . . . . . . . .12
www.alternativeresolutions.net
Ashcraft & Gerel, LLP . . . . . . . . . . . . . . .6
Berenato & White, LLC . . . . . . . . . . . . .26
www.bw-iplaw.com
Center for Forensic Economic Studies . . .27
www.cfes.com
Circle Treatment Center . . . . . . . . . . . . . .9
www.circletreatment.com
Stephen J. Dunn, Esquire . . . . . . . . . . . .16
www.economic-analysis.com
Richard Edelman . . . . . . . . . . . . . . . . . . . .9
www.economic-analysis.com
Elkind & Shea . . . . . . . . . . . . . . . . . . . . .27
www.disabilitybenefitslawfirm.com
Gelman, Rosenberg & Freedman . . . . .25
www.grfcpa.com
David Harrison . . . . . . . . . . . . . . . . . . . .26
www.marylandappraiser.com
Harvest Title & Escrow . . . . . . . . . . . . . . .9
Insight Treatment Center . . . . . . . . . .7, 15
Joseph, Greenwald & Laake, P.A. . .13, 21
Michael L. Kabik, Esquire . . . . . . . . . . . .9
www.srgpe.com/immigration.html
Keller Williams Team Realty . . . . . . . . .14
www.LiveListingsOnline.com
www.MarylandHomesByRobin.com
Ron M. Landsman . . . . . . . . . . . . . . . . . .24
www.ronmlandsman.com
MarylandBail.com . . . . . . . . . . . . . . . . . .28
www.MarylandBail.com
McAdoo, Gordon & Associates, P.C. . . .21
www.mcadoolaw.com
The McCammon Group . . . . . . . . . . . . . .3
www.McCammonGroup.com
Metro Counseling Services, Inc. . . . . . . .16
www.metrocounselingservices.com
Metropolitan Process Services . . . . . . . .13
www.metroprocess24.com
Montgomery County Sentinel . . . . . . . .10
www.thesentinel.com
Alan J. Nuta, Esquire . . . . . . . . . . . . . . .15
www.SSBenefitsLawyer.com
Oxley & Goldburn Insurance . . . . . . . . . .7
www.oxleygoldburn.com
Passport Title Services, LLC . . . . . . . . .11
www.passporttitle.com
Pushkin & Pushkin . . . . . . . . . . . . . . . . .25
Real Estate Mortgage Network . . . . . . .10
http://markbaron.remn.com/Default.aspx
Rossmann - Hurt - Hoffman, Inc. . . . . .22
www.rhhinsurance.com
Target Investigations . . . . . . . . . . . . . . . . .8
www.target-investigations.com
Judge Thompson’s Retirement Party . . .4
UGL Services – Equis Operations . . . . . .5
Alan S. Zipp, Esquire . . . . . . . . . . . . . . .10
The Bar Association of Montgomery County, MD Newsletter
June, 2011
STATE’S ATTORNEY’S ASSIGNMENTS
HEADING
~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~
WE NEED
VOLUNTEERS
The Family Law Self
Help Center is in need of volunteer attorneys to help self
represented litigants in family
law matters with legal information and/or legal advice. If
you have a desire to serve self
represented litigants you can
help in one of two ways:
1. Impromptu Volunteering: If you happen to be
at the Courthouse between
12:00 pm and 2:00 pm and
have a little time to spare,
stop by and see one, or maybe
two, clients. We almost
always have clients waiting
during lunch hours, and could
use your assistance.
2. Scheduled Volunteering: If you have more
time to spare or prefer a more
structured
arrangement,
please contact our Bar liaison:
Judi Bluefeld, (301) 2797817, [email protected],
or stop by and consult with
the Center staff. In that way,
we can let you know when the
Center will be shorthanded,
and can most use your valuable assistance.
Time that you volunteer at
the Family Law Self Help
Center can be counted as Pro
Bono hours to the Court of
Appeals.
June, 2011
The Bar Association of Montgomery County, MD Newsletter
33
JUDGES SCHEDULES
HEADING
– JUNE
~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~
Schedule updates are available on our website when we receive them
http://www.montbar.org/BarAssociation.aspx ... Click on the Court Schedules link
Circuit Court
*Family Duty; CM=Criminal Motions; PT=Criminal PreTrial Jury Demand/Appeal Docket
34
The Bar Association of Montgomery County, MD Newsletter
June, 2011
HEADING
JUDGES
SCHEDULES – JULY
~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~
Schedule updates are available on our website when we receive them
http://www.montbar.org/BarAssociation.aspx ... Click on the Court Schedules link
Circuit Court
*Family Duty; CM=Criminal Motions; PT=Criminal PreTrial Jury Demand/Appeal Docket
June, 2011
The Bar Association of Montgomery County, MD Newsletter
35
Newsletter of the
BAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND
27 West Jefferson Street, Rockville, Maryland 20850-4200
CR Bar Office Conference Room
C/S See Committee/Section Pages for Location
CLR CLE Classroom
CLE CLE Seminar–Call (301) 340-2534 to Register
JUNE
6
8
14
15
22
8:00 a.m.
5:00 p.m.
5:30 p.m.
C/S
Circuit Court Bench Bar Committee
CR
Foundation Board of Directors
CLR
Collaborative Law Section Meeting
Bar Leaders Dinner ~ Normandie Farm
8:00 a.m.
C/S
ADR Section Meeting
8:00 a.m.
CR
Elder Law Section Meeting
4:30 p.m.
CR
Legal Ethics Committee Meeting
8:00 a.m.
C/S
Commercial Litigation Section Meeting
8:00 a.m.
C/S
Real Estate Law Section Meeting
Bar Revue ~ Dinner @ 5:30 p.m.; Show @ 8:00 p.m.
5:30 p.m.
CLR
Family Law Section Meeting
JULY
4
~ HOLIDAY – BAR OFFICES CLOSED ~
~ Please visit our website, www.montbar.org, for the most recent updates to the Calendar of Events ~
CALENDAR
1
2
Periodicals
Postage
PAID
at
Rockville, MD