Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr....

32
PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have actu- ally had time to think about this one. Like most everyone else I have been housebound due to the record setting snowfalls over the past week. As I sit and stare forlornly out my window I keep hearing in my brain the song that put Johnny Cash on the charts. I hear the train a comin' It's rolling round the bend And I ain't seen the sunshine since I don't know when, I'm stuck in Folsom prison, and time keeps draggin' on... It is not the snow that makes me feel stuck, but rather it is the train I hear, and it is indeed rolling round the bend. In November 2003, the Task Force on Professionalism issued its Report and Recommendations of the Judicial T ask Force on Professionalism . This was followed in turn by the creation of a Court of Appeals Commission on Professionalism in February of 2004. The Commission studied all facets of professional con- duct and formulated methods to raise professional- ism standards in the legal community. The Commission issued its Final Report and Recommendations on May 31, 2006. The train continued to pick up speed. After issuing the Final Report, members of the Commission set up town meetings inviting judges and practicing lawyers representing 24 jurisdictions to attend and to give comments, criticisms, and pro- (Continued on page 4) 116 TH ANNUAL MEETING & LAW DAY CELEBRATION May 14, 2010 ~ 8:00a.m.-2:00p.m. Bethesda North Marriott Hotel & Conference Center 5701 Marinelli Rd. North Bethesda, MD 20852 Keynote Speaker: Martin O’Malley Governor of Maryland ~ See Insert For Registration ~ CONGRATS TO OUR NEWEST CIRCUIT COURT JUDGES Congratulations to The Honorable Cheryl A. McCally and Joseph M. Quirk on being appointed to the Circuit Court for Montgomery County. The investitures are scheduled as follows: Judge McCally ... Friday, March 5, 2010 4:00p.m., Circuit Court Courtroom #1 Judge Quirk ... Friday, March 19, 2010 4:00p.m., Circuit Court Courtroom #1 NEW ADMITTEE COURTHOUSE TOUR & RECEPTION March 16, 2010 All BAMC Members are invited to wel- come the newest members of the Maryland Bar. The tour will begin at 4:30p.m. in the Circuit Court. A reception will follow in the Circuit Court Atrium around 5:30p.m. Please RSVP by March 8th to Andrew Schwartz at [email protected]. THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD Volume 57, Issue 9 March 2010 N EWSLETTE R N EWSLETTE R Inside This Issue 3 Current Update 7 A Balancing Act ... 10 Tech Talk 12 New Practitioners 13 Committees/Sections Insert Committee/Section A Preference Form Insert Annual Meeting & B Law Day Celebration Insert Simon E. Sobeloff C Law Society 20 Pro Bono 21 Specialty Bar Associations 22 Rent/Lease Ads 23 Attorney Positions Available 26 States Attorney Schedules 27 Judges Schedules 28 Calendar BAR LUNCHEON SCHEDULE March 2, 2010 – Speaker: The Honorable John W. Debelius, III; Topic: The changes underway for the Court’s Differentiated Case Management System. April 6, 2010 Rockville United Methodist Church, 112 West Montgomery Ave., Rockville, MD 20850 12:15p.m. - 1:00p.m. If you have a dietary restriction and require a special meal, please contact Cindy at [email protected] at least 1 week prior to the luncheon. Please indicate what type of dietary restriction you have. PLEASE NOTE ... We must receive your request in writing at least 1 week in advance of the luncheon so that we can accommodate you. Pride in Membership, Leadership in Justice

Transcript of Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr....

Page 1: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

PRESIDENT’S MESSAGEBy E. Joseph Fitzpatrick, Jr.

Unlike the "President'sMessages" written by me overthe past six months, I have actu-ally had time to think about thisone. Like most everyone else Ihave been housebound due tothe record setting snowfalls overthe past week. As I sit and stareforlornly out my window I keephearing in my brain the song

that put Johnny Cash on the charts. I hear the train a comin'It's rolling round the bendAnd I ain't seen the sunshine since I don't know

when,I'm stuck in Folsom prison, and time keeps

draggin' on...It is not the snow that makes me feel stuck, but

rather it is the train I hear, and it is indeed rollinground the bend. In November 2003, the Task Forceon Professionalism issued its Report andRecommendations of the Judicial Task Force onProfessionalism. This was followed in turn by thecreation of a Court of Appeals Commission onProfessionalism in February of 2004. TheCommission studied all facets of professional con-duct and formulated methods to raise professional-ism standards in the legal community. TheCommission issued its Final Report andRecommendations on May 31, 2006.

The train continued to pick up speed. Afterissuing the Final Report, members of theCommission set up town meetings inviting judgesand practicing lawyers representing 24 jurisdictionsto attend and to give comments, criticisms, and pro-

(Continued on page 4)

116TH ANNUAL MEETING &LAW DAY CELEBRATION

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

Bethesda North MarriottHotel & Conference

Center5701 Marinelli Rd.

North Bethesda, MD 20852

Keynote Speaker:Martin O’Malley

Governor of Maryland

~ See Insert For Registration ~

CONGRATS TO OURNEWEST CIRCUIT COURTJUDGES

Congratulations to The Honorable CherylA. McCally and Joseph M. Quirk on beingappointed to the Circuit Court for MontgomeryCounty.

The investitures are scheduled as follows:Judge McCally ... Friday, March 5, 2010

4:00p.m., Circuit Court Courtroom #1Judge Quirk ... Friday, March 19, 2010

4:00p.m., Circuit Court Courtroom #1

NEW ADMITTEECOURTHOUSE TOUR &

RECEPTIONMarch 16, 2010

All BAMC Members are invited to wel-come the newest members of the Maryland Bar.

The tour will begin at 4:30p.m. in theCircuit Court. A reception will follow in theCircuit Court Atrium around 5:30p.m.

Please RSVP by March 8th to AndrewSchwartz at [email protected].

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

Volume 57, Issue 9 March 2010

NEWSLETTERNEWSLETTERIn

side

Thi

s Is

sue

3 Current Update

7 A Balancing Act ...

10 Tech Talk

12 New Practitioners

13 Committees/Sections

Insert Committee/SectionA Preference Form

Insert Annual Meeting & B Law Day Celebration

Insert Simon E. Sobeloff C Law Society

20 Pro Bono

21 Specialty BarAssociations

22 Rent/Lease Ads

23 Attorney PositionsAvailable

26 States AttorneySchedules

27 Judges Schedules

28 Calendar

BAR LUNCHEON SCHEDULEMarch 2, 2010 – Speaker: The Honorable John W. Debelius, III; Topic: The changes

underway for the Court’s Differentiated Case Management System.April 6, 2010

Rockville United Methodist Church, 112 West Montgomery Ave., Rockville, MD 2085012:15p.m. - 1:00p.m.

If you have a dietary restriction and require a special meal, please contact Cindy [email protected] at least 1 week prior to the luncheon. Please indicate what type ofdietary restriction you have.

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

Pride in Membership, Leadership in Justice

Page 2: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

FOR YOUR INFORMATION

2009-2010Officers and Chairs

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

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

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

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

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

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

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

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

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

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575Strategic Planning – David A. Pordy, Chair – (301) 230-5205 Nominations & Elections – Eric C. Willis, Chair – (240) 777-6749Professionalism & The Quality of Life - Wendy B. Karpel, Chair –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

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

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

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

POSTMASTER:Send address changes to:

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

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

FOR LAWYERS WHONEED HELP

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

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

E-mail: [email protected]

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

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

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

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

[email protected]

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

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

[email protected]

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

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

Mary Kay Canarte, Managing Attorney (Part-Time) . . . . . . . . . . . . . . (301) [email protected]

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

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

FRIENDS OF BILL W.LAWYER MEETING

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

x Please Note New Bar Staff Email Addresses w

BAR FOUNDATION OFFICERS(Effective July 1, 2009)

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

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

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

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

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

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

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

Page 3: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

CIRCUIT COURT FAMILYDIVISION

The Juvenile Bench Bar schedule for2010 is set out below. Please note thatthese meetings will no longer occur inCourtroom 20. All meetings commenceat 12:30 p.m. There are no meetings inAugust and December.

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

Wednesday, March 17, 2010Wednesday, May 19, 2010Wednesday, July 21, 2010Wednesday, October 20, 2010

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

Thursday, April 15, 2010Thursday, June 17, 2010Thursday, September 16, 2010Thursday, November 18, 2010Madeleine Jones, Family Division Coordinator

CIRCUIT COURT NOTES As this goes to print, we are work-

ing hard to reschedule the literally hun-dreds of court hearings and trials that

had to be postponed when the CircuitCourt was forced to close an unprece-dented five days due to the back-to-backsnowstorms of historic proportion dur-ing the first half of February. Schedulingthese events on dockets that are alreadyfull is a challenge indeed, and we appre-ciate your cooperation and patience–andwe are mindful that practitioners may bejuggling rescheduled hearings and trialsin several jurisdictions that were equallyhard hit by weather closings. This exer-cise forced upon us by Mother Naturereiterates, however, the need for cleanerdockets and for more robust mechanismsand services that prompt pretrial resolu-tion of cases. While we cannot controlthe weather, we can certainly achieve thelatter.

Despite February's challenges, theDifferentiated Case Management (DCM)Working Groups continued their efforts.After initial feedback by Civil DCMWorking Group members in late January,draft proposed Civil Tracks 3 and 4 werefurther revised and distributed to multipleBar Section members via their list servesfor further comment and a late February

meeting scheduled. Jeff Schwaber,Working Group member and co-chair ofthe Commercial Litigation Section, kind-ly arranged for an informal discussion ofthe Court's Civil DCM initiative at theCommercial Litigation Section'sFebruary 18 meeting.

The Criminal DCM Working Groupcontinued its lively discussion and resolu-tion of issues confronting the criminalcaseload, delegating a subcommittee todevelop draft proposed Criminal Tracks 3and 4; meetings to develop these Trackshad to be rescheduled due to the winterstorms. These draft proposed Criminal

CURRENT UPDATE

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

Daniel Shea . . . . . . . . . . . . .301-424-1060Jacqueline Ngole . . . . . . . .301-762-0013For a written confidential opinion, submityour written request, marked confidential,to Jeffrey M. Axelson, c/o Bar Associationof Montgomery County, MD, 27 WestJefferson St., Rockville, MD 20850.

LEGAL ETHICSHOTLINE

(Continued on page 6)

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

posed changes to the Report. TheCommission considered and voted onrevised language related to many of thesechanges. The Commission issued itsRevised Final Report andRecommendations on May 30, 2007. OnMarch 9, 2009, the Final Report of theProfessionalism Commission and itsRevisions were presented to the Court ofAppeals. Then, a month later, Chief JudgeBell issued an Administrative OrderContinuing Professionalism Commission.

For those who were at the bar lunch-eon, appropriately enough on GroundhogDay, we were privileged to hear from theHonorable Lynne A. Battaglia, who is afirm believer in the benefits of mandatoryCLE. She reviewed with us at that lunch-eon the proposed rules requiring CLE. Ireferred to Groundhog Day because manymembers of the bar will recall that thisproposal for mandatory CLE has beenfloated on several occasions in the past,but has never been enacted. JudgeBattaglia made clear that the passage ofthis proposed rule change is not faitaccompli but that as head of theProfessionalism Commission she is firm-ly in favor of its adoption.

The Professionalism Commissionhas posted the proposed Rules for theMaryland Commission on MandatoryContinuing Legal Education on theJudiciary's Web site. To review the pro-posal, visit http://mdcourts.gov/profes-sionalism/pdfs/proposedrules-mcle.pdf.Noteworthy is the fact that competencytesting is not required as part of the pro-posed mandatory CLE.

I believe it is fair to say that mostattorneys understand that CLE is appro-

priate and indeed beneficial. It is for thatreason that most lawyers already attendCLE so as to refresh their skills in bothsubstantive areas of law as well as areasof ethics and professionalism. Indeed, Ihave always been impressed with thededication of so many lawyers I know,who are vigilant in terms of keepingabreast of changes in the law and diligentin making certain they unfailingly adhereto the highest professional standards.

In recent years, CLE classes are alsoavailable on-line as part of distance edu-cation courses or by listening to MP3downloads, such as is proposed at least inpart under the rule pending before theCourt of Appeals. CLE presentations andmaterials do often represent the most cur-rent and advanced thinking available on aparticular legal subject. But, with the pro-posed mandatory CLE requirements,there will inevitably spring forth yetanother cottage industry of providers,whose programs will undoubtedly be farmore expensive than many of thoseoffered currently, and with no guaranteethat the content will in any manner sur-pass the quality of the many programsoffered currently. Moreover, with manda-tory CLE, it is likely to become more dif-ficult to sponsor in house programs whichso many large law offices now have. Thenthere is the spectacle of lawyers takingwhatever program is offered on the lastday of the year simply to be able to fillout the affidavit of compliance. I havepracticed in a jurisdiction where manda-tory CLE was in place, and thus haveseen the spectacle of lawyers who prac-ticed in a limited field taking courses thatwould have no application to their areasof expertise. There would also evolve yet

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) another bureaucracy dedicated to the taskof deciphering what programs are and arenot qualified to satisfy this mandatoryrequirement.

With respect to the 2 hours of ethics /professionalism required each year, manyof us have encountered situations whereattorneys, both new and very experienced,have demonstrated an utter disregard forany modicum of professionalism, no mat-ter how it is defined. For all of the goodintentions of the proponents of mandatoryCLE, the question remains whether amandatory appearance in a classroom for2 hours a year on the topic of ethics willresult in any change, for the better, on thepart of those attorneys who have demon-strated a callous indifference to commoncourtesies, civility, and professionalism.Simply put, there is a dearth of empiricaldata to suggest mandatory CLE willaccomplish its desired goal. Given the factthat it is in place in so many jurisdictions,for so long, surely the proponents ofmandatory CLE would be quick to pointto any studies which would support theirposition. So in the end, there is yet anoth-er tax on this profession, another timeobligation that is mandatory, and perhapseven a degree of resentment on the part ofthe competent and ethical practitionerswho are being indirectly admonished,knowing full well that the admonition issimply misplaced. I daresay most attor-neys could pass a written test in terms ofwhat constitutes ethical versus unethical,professional versus unprofessional con-duct. The fact that they may and are like-ly to be able to articulate this differencedoes not mean they will heed Rule 16-812. Our Court of Appeals has spokenloudly and clearly when it adopted rules

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

of professional conduct. If lawyers choosenot to read or heed these rules, then theself reporting requirement under the pro-posed mandatory CLE rule is unlikely toaddress the concerns of professionalism inany meaningful manner. To the extent thatproponents of mandatory CLE desire toremedy a problem in terms of lack of pro-fessionalism, I for one, daresay the reme-dy is already in place. Rule 1-341 wasenacted long ago. At least on the litigationfront, the courts are in a position toaddress those who either know and don'tcare or those who don't know the plainmeaning of professional conduct.

The State Bar Association resound-ingly opposes this measure. In my con-versations with other local presidents,

many of them, and presumably theirmembers, are squarely opposed to thisnew rule. Bar grievances are down. Itappears quite simply that the Court is try-ing to fix a non-existent problem.

The many good lawyers I am privi-leged to know have in the past and willcontinue in the future to make certainthey remain good lawyers. For most ofthose attorneys, they have and will con-tinue to undertake ongoing serious studyin those practice areas that are pertinent,without the need for yet another mandat-ed obligation. Those same good lawyerswill be professional at every opportunitywithout being told that he or she must sitin a classroom for a certain number ofhours annually.

PRESIDENT’S MESSAGE, cont’d

SLATE OF OFFICERS ANDEXECUTIVE COMMITTEE

FOR 2010-2011In accordance with Article VII of

the Constitution of the BarAssociation of Montgomery County,Maryland, we the Nominating Com-mittee of 2010 report that the follow-ing persons have been nominated forthe indicated offices.

If any voting member wishes toplace his or her name on the officialballot to be emailed on March 22,2010, you are invited to file a petition,available in the Bar Office, by March12, 2010 and have it signed by ten ormore voting members.

President-ElectDavid W. Lease

John M. (Jack) Quinn

SecretaryLili Khozeimeh

Geoffrey S. Platnick

Treasurer-ElectBradford S. Bernstein

Ronald S. Canter

Executive CommitteeLaurel N. Anchors

Steven T. BlombergLauri E. Cleary

Marjorie P. DiLimaMark A. Gilday

Monica G. HarmsErik C. JohnsonCarlos M. Lastra

Paul S. LewisMaura L. LynchA. P. PishevarPatricia P. Via

Eric C. Willis, Chair

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YOUR EMAIL ADDRESS IS NEEDED

For the purpose of voting in the General BAMC Election this month, it is impor-tant that you provide us with your current email address. Please send your infor-mation to Clarice at [email protected].

Page 6: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

CURRENT UPDATE

Street, Suite 700, Rockville, Maryland20850, and begin at 4:30 in the afternoon.

Jim Demma, (301) 762-1600

TO ALL PRACTITIONERS INTHE DISTRICT COURT FORPRINCE GEORGE'S COUNTY

All Attorneys who practice (both civiland criminal) before the District Court forPrince George's County are invited tomeet with the judges of the District Court,the Clerk of the District Court, the super-visors of civil and criminal and other courtpersonnel to make suggestions on how ouroperation may be made more efficient,what deficiencies may exist, and for newideas to improve the way in which casesare being handled in Prince George'sCounty. The meeting will be held at 3:00p.m. on Wednesday, March 3, 2010 inCourtroom 357B, Courthouse, UpperMarlboro, Maryland.

Please Join Us. John P. Morrissey, Associate Judge

Tracks are scheduled for distribution forcommentary by late February. As notedpreviously, the contribution and feedbackprocess will continue throughout theDCM review; please continue to provideany feedback or other proposals as youfind appropriate. This can be done eithervia the practitioners who are WorkingGroup Members* or directly to SuzanneSchneider, DCM Coordinator, who willreport all such feedback to the group. Shecan be reached at 240-777-9358 or byemail: [email protected].

John W. Debelius, Administrative Judgefor Montgomery County, Maryland

*Civil DCM Working Group (membersof the bar): Lynn Ahlers, Ken Armstrong,Chuck Frederick, Susan S. Magazine, andJeff Schwaber. Criminal DCM WorkingGroup (members of the bar): State'sAttorney John McCarthy, Deputy State'sAttorney Laura Chase, Acting PublicDefender Brian Shefferman, Reg Bours,Howard Cheris, Tom DeGonia, Assistant

Public Defender Myra Kovach andCarlotta Woodward

THE LAWYERS' LITERARYCIRCLE

On Thursday, March 25th we willbe discussing Mrs. Warren's Profession,by George Bernard Shaw, and then ourplan is to go to the Shakespeare Theatre tosee a performance of this play, sometimebetween June 8 through July 11. If youare interested in attending, please let meknow.

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

With some rare exceptions, all of ourmeetings are held in the offices of Miles& Stockbridge P.C., 11 North Washington

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

(Continued from page 3)

EXPERT WITNESSBanking Matters

FraudLender Liability

30+ Years Experience

R. Hugh RialRial & Associates LLC

(301) 509-0655www.rialassociates.com

NEW ADMITTEECOURTHOUSE TOUR &RECEPTION

March 16, 2010

All BAMC Members are invited to wel-come the newest members of theMaryland Bar.

The tours of the District and CircuitCourt in Rockville will begin at 4:30p.m.in the Circuit Court. A reception will fol-low in the Circuit Court Atrium around5:15p.m.

Please RSVP by March 8th to AndrewSchwartz at [email protected].

Page 7: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

ABA BOOKSHELFThe Portable Bankruptcy Code &Rules, 2010 EditionEditor: Sally M. HenryThis convenient and updated portable com-pendium provides you with easy access tothe Bankruptcy Code and Rule provisionsincluding all the new changes that becameeffective through December 2009. Thiseasy-to-use reference guide features pagetabs and complete keyword indexes thatguide you straight to material relevant toyour case. The indices are useful to lawyerswith diverse practices who use the Code,from the general practitioner who occasion-ally represents a chapter 13 debtor, to thelawyer whose practice is almost exclusive-ly bankruptcy related.$89.95 ($64.95 Business Law SectionABA Members; product code: 5070630

Intellectual Property Law in Cyberspace,2006 Cumulative SupplementAuthors: G. Peter Albert, Jr., Micheal Best& Friedrich LLC This convenient and updated portable com-pendium provides you with easy access tothe Bankruptcy Code and Rule provisionsincluding all the new changes that becameeffective through December 2009. Thiseasy-to-use reference guide features pagetabs and complete keyword indexes thatguide you straight to material relevant toyour case. The indices are useful to lawyerswith diverse practices who use the Code,from the general practitioner who occasion-ally represents a chapter 13 debtor, to thelawyer whose practice is almost exclusive-ly bankruptcy related.$195.00; product code: 1620214S1613

For more about this book as well as a list-ing of other popular American BarAssociation publications, visit the ABAWebstore at http://www.abanet.org/store/.

CURRENT UPDATE

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

A BALANCING ACT~

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

Enjoying Your PracticeWhen you assess your practice each year, do you examine what parts of your

practice you enjoy? A lot of stress is reduced by making our practice more enjoy-able. When we love our work, it's no longer work. Inevitably, there are parts ofour practice that we enjoy and parts that we don't.

An honest assessment can really help us enjoy our practices more. Analyzingwhat parts of your practice you enjoy can lead to increasing that part and decreas-ing the parts you don't like. Delegating or outsourcing the tasks that we don't enjoywill help us enjoy each day more and reduce our stress. Doing the least enjoyabletasks at a strategic time during the day will also help.

Sometimes there is a part of your practice that you unconsciously gravitatetowards and that's important information for enjoying your work. Feedback frompeople around us can help us identify the things we enjoy.

As we grow older, it takes more energy to do the same thing. That's anotherreason why it's so important to focus on what you enjoy the most about your prac-tice. Lawyers who love what they do, may have an innate inclination to naturallydo this assessment. For many of us, that is not true, and we need to take an honestlook at what we do each day.

Taking this assessment to focus on what we enjoy will reduce our stress so weare a better and healthier person at work and at home. When will you do an assess-ment of what you enjoy about your practice?

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

Real Estate AppraisalsCombined 55 Years of ExperienceAs Is or Retrospective Values for

Estate PurposesResidential/CommercialRiley & Associates, LLC

O'Neill Appraisals301-355-5001

301-355-5006 [email protected]

[email protected]

Page 8: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

Joseph Marshall Mathias

On Sunday, January10, 2010, the Hon-orable Joseph M.Mathias, retired Cir-cuit Court judge, ofKensington, MDpassed away. He wasthe beloved husbandof Ruth Mathias;

father of Mark Mathias, Marcia Wilsonand Marilyn Mathias; grandfather ofTheo Nowlin and Olivia Nowlin; andbrother of Justin Mathias and WinnieDillon.

~

REMEMBRANCES OFJUDGE JOSEPH M. MATHIAS

When I was about ten years old, Iwent with my dad to deliver some docu-ments that he had printed for Jones,Mathias and O'Brien. My dad and twogenerations before him had been printersdoing fine letterpress printing. That wasthe first time I saw Joe Mathias. When Iwas seventeen, I joined the NavalReserve, and attended meetings of UnitW-1 at the Silver Spring Armory. Thecommanding officer of W-1 wasCommander Joe Mathias, USNR. To myrelief, he never acknowledged that heknew me or my family to any of my"shipmates".

Joe graduated from Central HighSchool in Washington, D.C. in theSummer of 1931. He started his profes-sional life as a newspaper journalist, went

to law school, and passed the MarylandBar.

During World War II, he wouldbecome a naval officer and would be incharge of 25 sailors known as the"Armed Guard" on a merchant ship. Hisfirst ship would leave New York inMarch, 1943 and return 211 days later.It would cross the equator twice headingSouth, and twice heading North, morethan all of the way around the world.He would be assigned to two more mer-chant ships before becoming a deckofficer on an attack transport ship wherehe spent the last year of the war in thePacific.

When he returned to San Franciscoafter completing his merchant ship voy-age, he finally got his mail. Among hisletters was a returned letter he had writtento his brother Bob. The returned letterbore an official "Deceased" stamp. That ishow he found out that his brother wasdeceased. An account of how Bob waskilled is reported in the Prologue to"D-Day" by Stephen E. Ambrose, pages22-24, 25 and 26. In short, the 28 yearold Lieutenant was standing in the door-way of a C-47 at 0227 hours on D-Daywhen he was hit by flak. He got back upand although mortally wounded, jumpednear Ste.Mere-Eglise. He was the firstAmerican officer killed by German fireon D-Day.

Joe went into private practice afterthe war. His son, Mark, was born duringthe war, and Marcia and Marilyn wereborn after the war.

He was appointed a Circuit Court

Judge, and later became Chief Judge ofthe Circuit Court. He became highlycompetent in issues of Maryland Statetaxation. On occasion, he would ask mequestions about federal tax law in order tomake sure his State tax logic was correct.It always was.

He once told me, after beinginvolved in a very high profile domesticcase, that I should "never get into a uri-nating contest with a skunk. It seems thatthe Washington Post had taken a positionat odds with Judge Mathias' opinion, andhad on several occasions misspelled hislast name by adding an extra "s" at theend.

After becoming statutorily senile atage 70, he heard some cases in the CircuitCourt, and went on to work at his special-ty, deciding state tax cases at theMaryland Tax Court.

He is survived by his wife of 60 plusyears, Ruth, and his three children. Iwas so glad that I had the opportunity,along with the other attorneys in ouroffice, to bring Judge Mathias to a BarLuncheon a few months ago to be hon-ored by the Association for his manyyears of service. Through his body ofwork in the 1960's, 70's, 80's, and 90's,he helped to bring our judiciary into the21st century.

George E."Gene" Krouse, Esquire

Judge Mathias will be missed by themembers of the Bar Association and hispresence at our monthly Bar luncheonswill be most evident. It was a pleasure tohave him join us regularly.

IN MEMORIAM ...

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

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

~ VOLUNTEER/CONTRIBUTION FOR PRO BONO ~In conjunction with Rule 6.1, I wish to contribute time and/or money to the Montgomery County, Maryland,Bar Foundation Pro Bono Program.I wish to donate: Time in the following areas of law: ________________________________ Time to the Evening Legal Clinics (6:30p.m.-8:30p.m.)________________ Time to the Pro Bono office as a Volunteer Consulting Attorney from 10:00a.m.-Noon on M____ Tu ____ W ____ Th____

I wish to donate funds and enclose $________ Credit Card #: _________________________________________ Exp. Date ____________(CIRCLE ONE) VISA or MC

Name: _______________________________________________________ Address: ___________________________________________________________

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

Section 170 of the Internal Revenue Code.

Page 9: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

MARYLAND COMMISSION

SUPPORTS LIMITED SCOPE

REPRESENTATION

In the last decade a number of practi-tioners, bar associations and courts havebeen experimenting with models of legalpractice that permit attorneys to provide ala carte services to clients who want orneed to limit their expenditures, and areable to effectively handle the otheraspects of their case on their own. Theterms "unbundling," "discrete task repre-sentation," and "limited scope representa-tion" have been used to describe thesepractice models.

Limited scope representation is analternative mechanism for deliveringhigh quality legal services to well-pre-pared clients. The client and the lawyertogether decide which tasks would bemost appropriate for the lawyer to per-form, and which the client will handle.They enter into a carefully drafted retain-er agreement through which the clientengages the attorney to handle one ormore discrete aspects of their case. Theclient may elect to engage the attorney toprepare court documents only; or theclient may prefer to prepare their ownpleadings using court forms, to engagethe attorney to coach them prior to medi-ation or trial, or, where permitted, tomake a limited appearance on theirbehalf at a court proceeding. Clientsmay choose limited scope representationfor a variety of reasons. Some clientsmay be unable to afford full representa-tion; others may simply be worried thatthey cannot evaluate the full cost of rep-resentation at the outset and want to limitthe costs. Other clients may want toretain control over the process or maywant direct access to the courts and thelitigation process.

A recent paper published by theMaryland Access to Justice Commissionurges the courts, bar associations and oth-ers to support limited scope representa-tion in Maryland as a way to help lawyersprovide their services to a broader rangeof clients. The white paper, entitled,Limited Scope Representation inMaryland, was included as an Appendixto the Commission's Interim Report,released in November, 2009. In it, theCommission suggests limited scope prac-

tice allows attorneys to take advantage ofthe "latent legal market" made up of thoseindividuals who have a legal need, but arereluctant to seek help because of fiscalconstraints or a desire to more directlycontrol the process.

The Commission was created in2008 by Court of Appeals Chief JudgeRobert M. Bell to develop, coordinateand implement policy initiatives toexpand access to the state's civil justicesystem. The Commission brings togethera variety of leaders and stakeholders fromthe Maryland Judiciary and its justicesystem partners, including members ofthe legal services community, theMaryland State Bar Association, theExecutive and Legislative branches, andthe Governor's Office. The Commissionis chaired by retired Judge Irma S. Rakerof the Maryland Court of Appeals. ChiefJudge Ben C. Clyburn of the DistrictCourt of Maryland serves as theCommission's vice-chair.

The Commission notes that, as in allprofessional relationships, limited scoperepresentation works best when it isfounded on clear and effective communi-cation between the lawyer and the client."An attorney who offers limited servicesto his or her clients, will need to clearlydefine the relationship in a limited scoperetainer agreement, and will need to pro-vide a la carte pricing so that the clientcan make effective decisions about whenand how to engage the attorney."MARYLAND ACCESS TO JUSTICE

COMMISSION, INTERIM REPORT &RECOMMENDATIONS (Fall 2009) 74-75.

The Commission concludes thatthere is a favorable Rules climate sup-porting limited scope practice in theState. Limited scope practice is clearlyenvisioned by the revisions made toMaryland Rule of ProfessionalResponsibility 1.2 and the adoption ofRule 6.5. The Commission urges theState to consider other rule changes tofurther support and clarify the practice.These might include rules to permit limit-ed court appearances, and to clarify issuesrelated to the withdrawal or terminationof limited representation, client commu-nications and ghostwriting.

As the Commission notes, "Limitedscope representation can provide anopportunity for lawyers to expand theirpractice and provide assistance to thosewho might otherwise never seek theiraid." INTERIM REPORT, 83.

The Commission's report, including thewhite paper, may be found atwww.mdcourts.gov/mdatjc.

A DIFFERENT WAY OF DOING BUSINESS ...

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

The deadline for submissionof copy for the newsletter is

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

Sign up for the Bar AssociationLawyer Referral Program

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

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

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

Could you use more clients?

Page 10: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

Extranets Update! It's been a fewmonths since I wrote about my initialexperience with what are commonlycalled office extranets. It's time I report-ed on just how our new extranet hasworked out. For the uninitiated, the termextranet as I use the word, describes anonline Internet server not a part of youroffice network, which is used to hostone's files, messages, deadlines, appoint-ments and the like; all having to do witha particular case or project. Extranets areby no means exclusive to lawyers and lawfirms, quite the contrary in my experience(IMHO, like most things new and techno-logical - lawyers are usually the last toadopt the newer innovations available toall those brave souls, read young people,who regularly travel the Web).

Here at HooverLaw, LLC we havebeen using this service offered by anonline company with a good reputationand found at www.basecamphq.com. Sofar, we've been for the most very happywith the service. Slowly over the 6months of using this new and very neatNet tool, we've created and "populated"dozens of cases for our clients and staff to

use - review, manipulate, comment upon,message, rework and otherwise improve;all of this is done online.

Before getting to far afield, I alsoshould say upfront that the encryptionand built in security of this online serviceis impressive. Using 128 bit encryptionsimilar to the code strength at the WhiteHouse and CIA, I doubt that if there isever an issue on that side, it is the fault ofthe software.

You should also know that besidesbasecamphq's extranet offering, there are anumber of other Internet companies offer-ing similar services to users with highlycustomizable interface and features as richor as modest as you care to configure.Picture a web portal or secret place onlinewhere only you, your staff and selectedothers you invite/allow in; who can loginwith passwords individualized to each userand once there, see virtually everythingthat's been done in the case and no morethan you choose to allow to be seen; a waycool feature that is easily customized foreach user by you, the owner/admin on theextranet. You need merely upload youritem(s) and the program allows for auto-

TECH TALK ... by Pat Hoover

matic client/staff notification of new mat-ters positioned for their individual reviewon their individual extranet, at their timeand choosing. You can even restrict mat-ters - whether files, or messages or spread-sheets or photo's, invoices, etc. - so thatonly you or your staff can view the file,time sheet, draft letter, whatever it may be.In other words, this thing is extremely use-ful to both the client and to the lawyer/staffperson. It's not just a new way of showingoff to the client. What it really amounts tois an exciting new practice tool that willlikely be in regular use before too long–sodon't get behind the curve on this...

I am not at all certain what percentageof the BAMC Newsletter readership hastried using an extranet in practice, nor forthat matter, am I even clear how many of usreally understand the concept of an extranetand what it means or how its used in the con-text of a law firm. For those unsure aboutwhat is meant by this new and fast expand-ing practice tool, I will try to illustrate its useand function by referring to a recent casehandled late last year in my office where wemade extensive use of our extranet.

I practice a good deal of education law

Page 11: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

TECH TALK ... by Pat Hoover

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

which almost by definition often dealswith massive amounts of paperwork most-ly generated by the public school systemsaround the State, I have found our extranetto be well worth the freight ($49/mo. andyes, there is a free service but sorry, no, itsnot free if you'll need more storage avail-able than enough to hold more than a cou-ple of cases). It provides real value to ourpractice in benefiting our clients and our-selves. Anyway, from September throughDecember I was involved in a protractedspecial education appeal. Our extranet wasa great help. Here's how:

• We uploaded nearly a hundredlarge files over the course of thelitigation and all parties in our teepee were easily able to review,download, comment upon and orimprove the files which ultimatelywent into the pleadings and testi-mony produced in this case.

• We had an assortment of expertand fact witnesses who needed tocoordinate and review a massiveamount of data - mostly psychrecords and eval's - and ourextranet made that job so muchsimpler and more easily managed

than any before I'd undertaken.You know how it goes, the lawyeris the conductor on the train and abig part of what we do is makesure everybody gets on board inthe proper order, outfitted with thenecessary carry-ons needed for thejob. With a bit of planning and alittle work by staff, our extranetmade the job much easier.

• The client lived out of state hun-dreds of miles distant and whilenot necessarily the sharpest tack interms of the Net and certainlyunfamiliar with an extranet, heabsolutely loved it as did our sev-eral expert witnesses who weregiven access to certain materials -which by the way you may cus-tomize even so far as to uploadyour logo which thereafter appearsas a header on every page.

• The simple task of email reviewwhen in the context of a large orsimply a more involved case, canitself be a real hassle where there

are a number of parties involved toone extent or another. The extranetmake that a real breeze as the siteholds copies of all emails from allparties for all time in one place tobe easily reviewed.

• Billing is also greatly enhanced if,like me, you sometimes use con-tract lawyers not a part of yourfirm but whose time and workproduct you must track. One ofthe modules that comes with thepaid service is specifically fortracking time and work detail. Itworks well, so well, our bookkeeper likes it as much as our inhouse time-billing software (TimeMatters and Billing Matter 10).

I could go on, but hopefully you getthe idea. Go to basecamphq.com for a freetrial that really works and is amazinglyeasy and useful. Even if you try it out ononly a case or two I think you're gonna likeit. Good luck and let me know... I can bereached at [email protected] forquestions/comments.

Page 12: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

NEW PRACTITIONER SECTION

What a wild month of weather wehad in February! We hope that you allsurvived snowpacolypse 2010 with minormuscle aches and had a great Valentine'sDay.

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

There will not be a section meetingin March in light of the New AdmitteeTour and Reception. Our April meetingwill be held on Wednesday, April 21,2010 in the Bar Association BuildingConference Room.

Are you ready for March Madness?Please join us for our SpringFriendraiser, co-sponsored by theMSBA Young Lawyer's Section, whichwill be held on Tuesday, March 23, 2010at 5:30 p.m. at Buffalo Wild Wings locat-ed in the Rockville Town Center. Therewill be adult beverage and wing specialsuntil 7:00 pm.

Take this opportunity to meet and talkwith The Honorable Michael J. Algeo!Judge Algeo will be hosting a chamberchat on March 3, 2010 at 12:30pm.Judge Algeo's chamber is located in theCircuit Court building at 50 MarylandAvenue, 6th floor, room 600. Please feelfree to bring a bag lunch and any ques-tions you might have for Judge Algeo.For questions or more information, please

contact Laura Gagliuso at 301-838-3214or [email protected].

On April 7, 2010 from 6:00 pm to8:00 pm, the New Practitioners Sectionwill be volunteering at the Manna FoodWarehouse to pack food boxes for those inneed. Please contact Andrew L. Schwartzat [email protected] if you areinterested. Space is very limited.

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

Heather S. Collier, Co-ChairAndrew L. Schwartz, Co-Chair

ATTENTION NEWLY ADMITTED MARYLAND ATTORNEYS

and NEW MEMBERS OF THE BAR ASSOCIATION OF MONTGOMERY COUNTY

You are cordially invited to attend

THE NEW ADMITTEE COURTHOUSE TOUR AND RECEPTION!

WWhheenn:: Tuesday, March 16, 2010

TTiimmee:: 4:30 p.m. Tour of the Circuit Court followed by 5:30 p.m. Reception in the Montgomery County Circuit Court Atrium

WWhheerree:: Tour will begin in the Circuit Court Atrium50 Maryland Avenue, Rockville, MD 20850

CURRENT BAMC MEMBERS ARE INVITEDTO THE RECEPTION FOLLOWING THE TOUR (5:30 p.m.)

TO GREET AND WELCOME THE NEW ADMITTEES!

PPlleeaassee RRSSVVPP ttoo AAnnddrreeww SScchhwwaarrttzz:: aasscchhwwaarrttzz@@sstteeiinnssppeerrlliinngg..ccoommffoorr tthhee TToouurr aanndd//oorr RReecceeppttiioonn bbyy MMaarrcchh 88,, 22001100

The deadline for submissionof copy for the newsletter is

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

Page 13: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

COMMITTEES & SECTIONS

ALTERNATIVE DISPUTERESOLUTION SECTIONMEETING DATESMarch 10, 2010 April 14, 2010

May 12, 2010All meetings will be held on the second

Wednesday of the month at 8 a.m. at HollywoodDiner on Rockville Pike, unless otherwise noted.

The ADR Section will be joining the ElderLaw Section on Wednesday, March 10 at 8a.m. at bar headquarters. We will be discussingthe use of mediation and other forms of ADR inthe context of elder law and probate matters.

Please also mark your calendars and regis-ter for the ADR Section's Spring CLE, whichhas been scheduled from 5:30 to 8 p.m. onTuesday, May 4, 2010. The CLE will cover tipsand strategies for how to be more effective advo-cates and representatives during the mediationprocess. In particular, we will be discussing (1)how to find and select a mediator for your partic-ular case; (2) how to prepare yourself, yourclient, and the mediator; (3) how to present aneffective opening statement; (4) ways in whichto evaluate potential damages and liability; (5)strategies for conveying offers and demands; and(6) the best ways to harness the mediator's assis-tance. The presentation will be led by severalretired judges and local attorneys/mediators,including the Hon. DeLawrence Beard (Ret.),the Hon. William J. Rowan, III (Ret.), the Hon.Ann N. Sundt (Ret.), Daniel P. Dozier, Esq., andErik C. Johnson, Esq. This CLE will be usefulfor all attorneys who represent clients in media-tion or plan to do so in the future, and the infor-mation provided will be relevant no matter whatyour specific practice area is.

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

BUSINESS LAW SECTIONSection Meetings

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

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

Due to the snow storm, we had to cancelour CLE on February 9, 2010 – BoilerplateProvisions: Provisions we use, don't thinkabout, but should! We will be sending anemail with a new date for that program.

Our next monthly meeting will be at 6:00pm on March 9, 2010 at the offices ofMcMillan Metro, P.C., 1901 ResearchBoulevard, Suite 500, Rockville, Maryland20850. Seth H. Kramer, Esquire, who prac-ticed for many years in Delaware before relocat-ing to Maryland, will enlighten us on howDelaware's statutory flexibility permits themodification of fiduciary duties in the LLCcontext. An LLC, at its most fundamental level,is a contract between two parties. Yet, manypractitioners continue to draft fiduciary dutyclauses tied to corporate common law principlesand statutory default rules. Conversely,Delaware's LLC Act and courts consistentlyenforce the contractual modification and elimi-nation of such provisions. This program willillustrate when and how to take advantage ofDelaware's permissive paradigm.

We look forward to seeing you in March.James M. Peppe, Co-Chair

Demetrios Datch, Co-Chair

CIRCUIT COURT BENCHBAR COMMITTEEMarch 3, 2010 April 7, 2010

May 5, 2010All meetings will be held on the 1st

Wednesday of the month at 8:00 a.m. in theAdministrative Judge's Conference Room on the3rd floor of the Rockville Circuit Court building.

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

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

COMMERCIAL LITIGATIONSECTION

The March 1 CLE sponsored by theCommercial Litigation Section, titled"Adding the E to Discovery" will run from4:30-6:30p.m., rather than 5-7 pm as origi-nally indicated. The program will still takeplace in Courtroom 1 at the Circuit Court. Weare excited to have many of our Circuit Courtjudges planning to attend and participate inthe discussion. Please contact Marleni [email protected] to register.

The next breakfast meeting of theCommercial Litigation Section will take placeon Wednesday, April 14, 2010, from 8:00-9:00 a.m., at the offices of Lerch, Early &Brewer, 3 Bethesda Metro Center, Suite 460,Bethesda. Please RSVP to Becky Madison at(301) 657-0726, or [email protected] information as to speaker and topic willbe published and circulated in the near future.

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

CRIMINAL LAW SECTIONOur schedule for this fiscal year is:

3/2/10 Judge Woodward4/6/10 (CLE TBA)

All meetings will begin at 5:30 p.m. Marc R. Emden, Co-Chair

Jessica L. Zarrella, Co-Chair

DISTRICT COURT BENCHBAR COMMITTEEMarch 4, 2010 April 1, 2010

All meetings will be held on the 1stThursday of the month at 8:00 a.m. in theJudges' Conference Room (4th Floor) in theDistrict Court building in Rockville.

The District Court Bench Bar Committeehad its February meeting on February 4, 2010.The court advised about the following devel-opments:

(Continued on following page)

CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Five Years ofSuperior Service

To The Community* DWI Evaluation, Education/Counseling (6 weeks and 26 weeks)* Adolescent and Adult Drug/Alcohol Programs* Outpatient Mental Health Services* Individual, Couples, Group therapy by licensed professionals* Approved and Certified by the State of Maryland* MVA classes in Spanish and English (new licenses)

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

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

Criminal Another issue came up on criminal

appeals. If a bond is going to be posted for adefendant who appeals his conviction, the partyarranging for the bond must advise the court atthat time. Otherwise, the defendant will betransferred to the detention center and will notget out until the next day, or over the weekend.

Civil1. All day court.

The new scheduling of civil cases for themorning docket has started out smoothly. Thegoal is to have all cases reached, without hav-ing to be continued, or have unproductive timebetween dockets. 2. Domestic Violence.

The court advises that it is not a goodidea to continue a temporary order for anextended period of time. The temporary orderexpires 7 days after service. It is important totry to have the hearing for the final order with-in that time period. 3. Reissuances.

Some attorneys are forgetting to includea copy of the complaint and exhibits, alongwith their request for reissuance. The courtwill not make copies for you.

4. Rocket Docket.Attorneys who are on the Rocket Docket

must be there as a priority. If you are sched-uled to be somewhere else during that timeperiod, you should have someone else fromyour firm cover so that the docket can proceedwithout interruption. 5. New Rockville Courthouse.

The new courthouse remains on scheduleand should be opened for business byFebruary, 2011. 6. Other matters of interest to the bar.

Chief Judge Ben Clyburn of theDistrict Court has given several presenta-tions on the Case Management SystemReplacement Project. The most recent waslast month in Ellicott City. This new systemwill provide for electronic case filing andcase management for District and Circuitcourt cases. The process is approximatelymid way through the four year estimatedterm with regard to analyzing and develop-ing the system to replace the current J.I.S.system and implement the new electronicmanagement and filing system. JudgeClyburn emphasized that this is not anoption, it must be done, and the project ismoving forward.

7. Attorney Issues. If any members of the bar have any

issues concerning the district court, pleaseadvise so that they can be addressed in theappropriate manner.

Richard D. London, Chair

EDUCATION LAW SECTIONMarch 5, 2010 April 2, 2010

All meetings will be brown bag sessionsto be held on the 1st Friday of the month at12:00 Noon in the Conference Room of theBar Association building, unless otherwisenoted.

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

ELDER LAW SECTIONMarch 10, 2010 May 12, 2010April 14, 2010 June 9, 2010

All meetings will be held on the 2ndWednesday of the month at 8:00 a.m. in theConference Room of the Bar AssociationBuilding, unless otherwise noted.

Harold Krauthamer, Chair

EMPLOYMENT LAWSECTION

Please mark your calendars for ourCLE on Wednesday, March 3, 2010. TheEmployment Law Section and the PersonalInjury Section are co-sponsoring a CLE entitledProving Damages: The Nitty Gritty.Administrative Judge of the Circuit Court forMontgomery County, John W. Debelius, andattorney Richard Seymour will lead a discus-sion on the identification and presentation ofdamages in State and Federal Court at theMontgomery County Bar Association Building.The main topics will include medical costs, pastwages and benefits, future wages, compensa-tory damages, consequential damages, punitivedamages, attorney's fees, the mitigation of dam-ages, and the appropriate use of experts. Please

COMMITTEES & SECTIONS

(Continued from preceding page)

(Continued on page 15)

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

METRO COUNSELINGSERVICES, INC.

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COMMITTEE/SECTION REGISTRATIONPLEASE RETURN 2010-2011BY MARCH 26, 2010

NAME ________________________________________________ email: ____________________________

I. STANDING COMMITTEES

The following committees have three-year staggered terms. Noting that there can only be 3 choices (for both theAssociation and Foundation combined), please indicate your first, second and third choice by marking the figures 1, 2and 3 in the box opposite the preferred committee.

ASSOCIATION FOUNDATION______ Annual Meeting Planning Committee ______ Bar Revue______ Fee Dispute Resolution ______ Cable TV Law School for the Public______ Judicial Selections* ______ Continuing Legal Education______ Lawyer Referral Service ______ School Education______ Legal Ethics ______ Speakers Bureau — Public______ Legislation ______ Speakers Bureau — School______ Membership ______ Youth Initiative Program______ Mentor/Mentee ______ School Mock Trials______ Professionalism & Quality of Life ______ Fall Outing______ Social ______ Pro Bono______ Technology ______ Unauthorized Practice______ Youth Courthouse Project______ Special Committee Lawyer-to-Lawyer Services (no staggered terms)

* – Please only sign up if you have no intention of running for a Judicial vacancy within the next 3 years.

II. SECTIONS — IF YOU ARE ALREADY A MEMBER OF THE SECTION, PLEASE DO NOT MARK IT AGAIN.

Please indicate an “X” before the Sections in which you are interested in becoming a NEW member.

_____ Alternative Dispute Resolution _____ Employment Law _____ Law Firm Management_____ Animal Law _____ Estate & Trust Law _____ New Practitioners_____ Business Law _____ Family Law _____ Personal Injury Litigation_____ Commercial Litigation _____ Federal Practice _____ Real Estate_____ Criminal Law _____ Immigration Law _____ Taxation_____ Education Law _____ Intellectual Property Law _____ Workers Compensation Law_____ Elder Law _____ Juvenile Law

III. I would like to chair the _________________________________________ Committee/Section.

IV. Is there a Committee or Section you would like to see our Bar Association add in which you would actively partici-pate?__________________________________________________________________________________________________________________________________________________________________________________________

IV. Is there a special project in which you would participate if it was offered by the BAMC? _______________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________RETURN TODAY: Patricia M. Weaver, President-Elect

Bar Association of Montgomery County, Maryland27 West Jefferson St., Rockville, MD 20850

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Bar Association of Montgomery County, MD116th Annual Meeting & Law Day Celebration

Friday, May 14, 2010

Bethesda North Marriott Conference Center • 5701 Marinelli Road, North Bethesda, MD 20852

LAW IN THE 21ST CENTURY:Enduring Traditions, Emerging Challenges

E. Joseph FItzpatrick, Jr., President ~ Patricia M. Weaver, President-ElectAudrey A. Creighton, Annual Meeting Chair

PROGRAM SCHEDULE8:00 a.m. Registration and Continental BreakfastSalon A9:00 a.m. - 9:50 a.m. Family Law10:00 a.m. - 10:50 a.m.Applicability of the Rules of Evidence in Domestic TrialsPresenters: Family Division MastersGeoffrey S. Platnick / Clark E. Wisor, III, Family Law Section Co-Chairs

Salon B9:00 a.m. - 9:50 a.m. Criminal Law / Juvenile LawConfessionsMarc R. Emden / Jessica L. Zarrella, Criminal Law Section Co-ChairsStephanie L. Joseph / Carlotta A. Woodward, Juvenile Law Section Co-Chairs

10:00 a.m. - 10:50 a.m. Commercial Litigation / Personal Injury LitigationDifferentiated Case Management (DCM) Plans J. Bradford McCullough / Jeffrey M. Schwaber, Commercial Litigation Section Co-ChairsPaul S. Chung / Andre M. Forte, Personal Injury Litigation Section Co-Chairs

Salon C9:00 a.m. - 9:50 a.m. Cyber Law / Technology10:00 a.m. - 10:50 a.m.Everyone Is Talking About It, But What Role Does It Play in Your Practice?

9:50 a.m. - 10:00 a.m. Sponsor Break10:50 a.m. - 11:15 a.m. Sponsor BreakSalons A-C11:15 a.m. - 12:15 p.m. Plenary Session with Circuit Court JudgesCircuit Court Judges’ View from the Bench: Best and Worst Practice12:30 p.m. - 2:00 p.m. Lunch Program (Installation of Officers, Awards)

Guest Speaker: Martin O’Malley, Governor of Maryland

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REGISTRATION FORM – Copy This Page and Mail or FaxTo assist in planning the program, please duplicate and complete the form below and mail or fax it today! Pleaseindicate in the space provided if you would like to request a vegetarian meal.

YOU MUST PROVIDE ALLINFORMATION AT THE TIME OF REGISTRATION ... NO EXCEPTIONS

Complete Program with Lunch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69.00

Complete Program without Lunch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00

Lunch Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00

RESERVED Table of 10 (Lunch Only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $490.00

RESERVED Table of 10 (Programs & Lunch) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $690.00

VegetarianName Meal Email Address (required for program)

__________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ____________________________________

CONTACT PERSON: ________________________________________________________________Firm Name: ________________________________________________________________________Address: __________________________________________________________________________Telephone: ________________________________________________________________________Fax: ______________________________________________________________________________

PLEASE INDICATE METHOD OF PAYMENTTOTAL AMOUNT DUE: $____________

Check Included: Make check payable to: Bar Association of Montgomery County, Maryland or BAMC

Please charge my Visa/Mastercard/Discover Account:

Name on Card______________________________________________ Security Code _________Account # ______________________________________________ Exp. Date _________

(OFFICE USE ONLY – INCOME CODE A-4030)

Please note that each program registrant will be sent a link where the materials for eachof the Section Programs can be downloaded. You will be responsible for printing a copyand bringing them with you. There will be no handouts available on the day of the event.

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Page 19: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

COMMITTEES & SECTIONS

register by visiting our website athttps://www.montbar.org/Calendar/Default.aspx.

The Employment Law Section will holda Brown Bag Lunch on Wednesday, April 14,2010 at 12:15 p.m. in the Conference Room ofthe Bar Association Building. Attorneys ScottOswald and Jason Zuckerman of TheEmployment Law Group will discuss updatesto whistleblower laws.

Watch for our section CLE in May, fea-turing Jane Flanagan of the Department ofLabor, Licensing, & Regulation, who willspeak about Maryland's new Workplace FraudAct.

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

ESTATE & TRUST LAWSECTION MEETING DATESMarch 8, 2010 April 12, 2010

All meetings will be the NEW SHUL-MAN ROGERS OFFICE ADDRESS: 12505PARK POTOMAC AVENUE, 6TH FLOOR,POTOMAC, MD 20854.

Lunch will be available starting at 11:45a.m., and is courtesy of this year's sponsors(both repeats from prior years): FiduciaryTrust Company (Peter Carnathan 202-822-

2110) and Plan of Maryland, Inc. (BernieRaiche 301-774-8444). Please make sure tothank our sponsors, without whom this wouldbe a brown-bag event!

To RSVP for any of the monthly meet-ings, please call or email my assistant,Christine Hutt at 301-230-6565 [email protected].

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONThe Family Law Section sincerely thanks

the law firm of Shulman, Rogers, Gandal,Pordy and Ecker as they will be hosting theCollaborative Practice Team Training onMarch 4, 5 & 6, 2010 at their new Potomacoffices. If you aren't already aware,Collaborative Practice is a rapidly growing,unique dispute resolution process designed toresolve a divorce without conflict. The collab-orative approach is based upon the conceptthat destructive litigation is not in a family'sinterest and should be avoided whenever pos-sible. If anyone is interested in attending thetraining, please contact Geoffrey Platnick at301-231-0927.

A huge thank you goes out to CarlosLastra and the law firm of Brodsky,Greenblatt, Renehan & Pearlstein for

organizing and heading the Section's ProBono Initiative during the week of February16, 2010. More than forty local family lawattorneys staffed courtrooms in both DistrictCourts and the Circuit Court for MontgomeryCounty for individuals seeking assistancewith domestic violence cases. The Sectionwould like to give a special thank you to theHonorable John Debelius, AdministrativeJudge for the Circuit Court for MontgomeryCounty, and The Honorable Eugene Wolfe,Administrative Judge for the District Court forMontgomery County, for their support andassistance in making the Section's initiative ahuge success.

The CLEs and educational programs cre-ated by all of the sections of the MontgomeryCounty Bar Association are invaluable to allof our members–not only the Family LawSection members. These CLEs and programsremain critically important especially in lightof MICPEL closing. Further given proposedMaryland Rule changes, which if adopted,could require all practicing attorneys to attendat least ten hours each year of continuing legaleducation courses, it becomes more vital thanever for our Bar membership to take advan-tage of the below CLEs and programs. Pleasemark your calendars with the following dates:

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

(Continued on following page)

(Continued from page 14)

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

COMMITTEES & SECTIONS

• On March 11, 2010 at 5:30 ReneSandler will be conducting a CLE entitled:What Exactly is Child Protective Servicesand What to do When CPS Invades yourFamily Case.

• On March 18, 2010 at 5:30 pm theSection will hold its regular section meetingand will the topic will be: Custody EvaluatorsDo's and Don'ts.

• On March 25, 2010 at 7:45 am JudgeSteve Salant will conduct a CLE breakfastregarding best practices for appearing in hiscourtroom. Judge Cindy Callahan will dothe same on May 18, 2010 at 7:45 am. Don'tmiss these.

• On April 8, 2010 will have JeffreyGreenblatt conducting his annual Family LawUpdate at 5:30 pm. This is always a standingroom only event so plan to attend early.

• April 15, 2010 at 5:30 pm, followingthe regular section meeting, the program pre-sented will be a discussion of all of the uni-form acts, UIFSA, UCCJEA, PKPA, TheHague Convention and ICAR.

• In a tough economy if you don't getpaid you don't stay in business. FormerMontgomery County Bar President, MaryEllen Flynn will be conducting a CLE on Howto Collect Your Fees on April 28, 2010 at 5:30pm.

• Possibly, the most misunderstoodstate agency for anyone practicing FamilyLaw is the Office of Child Enforcement. Tohelp understand what this office can do foryour cases, please attend the CLE on May 25,2010 at 7:45 am when MontgomeryCounty's Office of Child SupportEnforcement (MCOCSE) Special Counsel'sChris Kunz and Robin Markush as well asMaster Susan Polis will help you understandthe assistance they can provide. Come findout the role of MCOCSE so you can bestadvise your client of their services and theirability to help.

On a fun note, the next social event forthe Section will be the Annual Wine andCheese hosted this year by Offit Kurman attheir new Bethesda office on April 22, 2010 at5:30 pm. This is another chance for all of usto come together as colleagues and friends.Please put this on your calendar.

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

IMMIGRATION LAWSECTION MEETING DATES

SPRING 2010 BROWN BAG SCHED-ULE: (1st Wednesday, noon to 1:30)

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

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

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

NOTE: Brown Bag lunches have beenmoved to the first Wednesday of each month andwill generally take place in the CLE classroomin the basement of the Bar Association building.

Please let me know if you have a topicyou would like to discuss or if you are willingto be the discussion leader on a topic of yourchoice by sending an e-mail [email protected].

Matthew Glinsmann, Chair

INTELLECTUAL PROPERTY& TECHNOLOGY LAWSECTIONMarch 9, 2010 April 13, 2010

May 11, 2010Meetings will be held on the 2nd Tuesday

of the month at 8:00 a.m. in the ConferenceRoom of the Bar Association Building.

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

LAW FIRM MANAGEMENTMEETING DATESMarch 12, 2010 April 15, 2010

May 20, 2010Meetings will be held on the 3rd

Wednesday of the month at 8:00 a.m. in the

Conference Room at the offices of Ward &Klein, Chartered, 2275 Research Blvd, Suite720, Rockville, MD, unless otherwise noted.

MARK YOUR CALENDARS:JOEL ROSE - Friday, March 12, 2010 BRUCE JOHNSON - Tuesday, April 20, 2010

I am extremely pleased that both JoelRose and Bruce Johnson have agreed to speakout our upcoming meetings. Both are givinggenerously of their time and it is importantthat we have a good turnout. Please note, bothmeetings are set on dates we usually don'tmeet. The March 12, 2010 will be our Marchmeeting. It will take place at Shulman Rogers,not my office. The April 20, 2010 meetingwill be our April meeting and will take placein my office.

The topic for Joel Rose's discussion is:DEALING WITH THE RECESSION:WILL YOUR FIRM SURVIVE, DESPITEA SLUGGISH ECONOMY? MARKET-ING AND CROSS SELLING THE FIRM'SEXPERTISE. This is an important topic foreach of us and urge you to take advantage ofthis opportunity to hear one of the nation's lead-ing law firm consultant's speak. Non-sectionmembers are always welcome at our meetings.

I look forward to seeing each of you atour upcoming meetings.

David M. Schoenfeld, Chair

(Continued from preceding page)

AOC/ADAAApproved and Certified – Fully Confidential

Alcohol and Drug Abuse Rehabilitation Programs

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

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Phone: 301.345.1200 Phone: 301.423.0967

24 Hour Voice Mail: [email protected]

http://www.insighttreatmentcenters.net

INSIGHT TREATMENTCENTERS

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LEGAL ETHICSCOMMITTEE MEETINGDATESMarch 10, 2010 May 12, 2010April 14, 2010 June 9, 2010

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

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

MENTOR-MENTEECOMMITTEE

The Bar Association's Mentor-MenteeProgram strives to foster professionalism andimprove the practice of law in MontgomeryCounty by having experienced practitionersserve as mentors to new practitioners. Byserving as a mentor, experienced practitionersare able to provide general guidance andadvice to mentees regarding the practice oflaw, as well as foster collegiality and profes-sional relationships throughout the BarAssociation.

The Bar Association is seeking mentorsin all practice areas, with a particularemphasis currently being placed on thosepractitioners focusing their practice areas infamily law, bankruptcy law and relatedcreditor matters. We encourage practition-ers who have been in practice for five (5) ormore years to take an active role in this pro-gram and offer to volunteer to serve as amentor. If you have any questions regardingthis program, please do not hesitate to con-tact either Marc at (301) 961-8656 [email protected] or Peter at(301) 563-6685 or [email protected].

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

PERSONAL INJURYLITIGATION SECTIONMEETING DATESMarch 26, 2010 April 30, 2010

All meetings will be held on the lastFriday of the month at Noon in the ConferenceRoom of the Bar Association Building at 27West Jefferson St., Rockville, MD, unless oth-erwise noted.

SEA provided an extremely informativepresentation concerning the use of expert tes-timony in slip and fall and workplace acci-dents at the January meeting and treated thosemembers in attendance to lunch. We wouldlike to thank SEA for the great presentationand meal.

Edward J. Lott of Commercial IndexBureau will be providing a presentation "TheRole of Private Investigators in CivilLitigation," during the February 26, 2010meeting at noon in the conference room of theMontgomery County Bar Building. The pro-gram will be extremely practical and informa-tive and will include information concerningbut not limited to: asset checks, witness loca-tion, determining insurance coverage, and sur-veillance. In addition to their informativepresentation, Commercial Index Bureau isgenerously providing lunch for those in atten-dance. Please rsvp your attendance at thisevent by notifying either co-chair AndreForte at [email protected] or PaulChung at [email protected] byFebruary 22, 2010 so Commercial IndexBureau will have the proper amount of foodavailable.

In lieu of a March meeting, the section issponsoring with the Employment Law sectiona CLE entitled "Proving Damages: The NittyGritty" on March 3, 2010 at 5:30 p.m. in theCLE classroom located in the basement ofthe bar building. Administrative Judge JohnW. Debelius and attorney Richard Seymour

will lead the discussion on the identificationand presentation of damages in State andFederal Court. The main topics will include:medical costs, past wages and benefits, futurewages, compensatory damages, punitivedamages, attorney's fees, the mitigation ofdamages, and the appropriate use of experts.The seminar is designed for practitioners ofall levels of experience. Please registerby visiting the website athttps://www.montbar.org/calendar/default.aspx.

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

REAL ESTATE LAWSECTION MEETING DATESMarch 9, 2010 April 13, 2010

May 11, 2010All meetings will be held on the 2nd

Tuesday of the month at 8:00 a.m., unless oth-erwise noted.Tuesday March 9, 2010, 8a.m.

March’s meeting will feature ChrisNaughten, Vice President and CommercialCounsel for Old Republic National TitleInsurance Company. The meeting topic willbe “Hot Topics in Commercial TitleInsurance.” Chris will discuss recent issuesaffecting commercial title agents, lenders andowners including creditor’s rights coverageand recent issues regarding endorsements.Tuesday, April 13, 2010, 8a.m.

April’s meeting topic will be “Update &Q&A: Living with the New HUD-1 andGFE.” Holly Spencer-Bunting, an attorneywith K&L Gates, will discuss new HUDFAQs, recent developments regarding imple-mentation and enforcement, and will dedicatehalf of the meeting to fielding questions fromSection members.

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

COMMITTEES & SECTIONS

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

RESERVE YOUR SPOT NOW ...~

116th Annual Meeting & Law Day Celebration

Friday, May 14, 2010 ~ 8:00a.m.-2:30p.m.Bethesda North Marriott Hotel & Conference Center

5701 Marinelli Rd.North Bethesda, MD 20852

Keynote Speaker:Martin O’Malley, Governor of Maryland

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TAXATION LAW SECTIONMarch 8, 2010 April 5, 2010

May 10, 2010Our next meeting will be March 8,

2010 at 5:30pm at Kundra & Associates, 110North Washington Street, Suite 406 inRockville, MD.

Join us on April 20, 2010 at 5:30 p.m. forour section CLE, titled Asset Distribution:Marriage, Divorce and Business Associations.Our speakers will be Glenn M. Anderson, DavidS. De Jong, Chaya Kundra and Alan S. Zipp.

~Tax Focus 2010: Are You Ready?In recent reports to by IRS Commissioner

Doug Shulman and members of the IRS at theABA, news releases and pretty much to anyonewho will listen, enforcement is on the rise. Whatdoes this mean? Well in order to enforce, onemust first figure out what is owed. Since there areso many of us out there who have either self-reported and not paid, or are just waiting to getcaught, our time has come. The IRS has increasedthe number of audits, they have increase the num-ber of agents and they have shortened the time tomake it all happen. The IRS says it has smartenedits approach. What does this mean? Well here aresome of the areas of their intended focus andattempts at implementation:

Global High Wealth Audits: In the past,examiners only focused on the year and formbeing examined and would not go beyond thisdocument. This is no longer the case. The IRSwill ask for that Form K-1 and similar docu-ments that suggest and indicia of ownership anddepending upon the level of interest and accessto specific books and records, they will ask for

that too. This will initially begin with individu-als with $10M or assets or income. Once theyfigure out what the uber-rich are up to, they willuse these skills on the rest of US taxpayers.

International Enforcement and Detection:The more than 14,700 disclosures from the FBARvoluntary disclosure program will be used to iden-tify financial institutions, advisors, promoters andother facilitators for US persons hiding assets andincome offshore. The long term expectation is forthe next 10 to 30 years. Those who filed under thevoluntary disclosure program will become part ofthe US tax system going forward.

Paid Tax Preparers: The IRS plans torequire registration, minimum competencytesting and continuing education. Once thetesting process is set up, the IRS is to createpublic databases. This is combined with theirplans to visit thousands of preparers and dis-cuss operations and ways to reduce error rates.

Business Taxpayers: Taxpayers withfinancial statements prepared under FIN 48 orother similar accounting standards with assetsover $10 million will be required to reportuncertain tax positions at the time of filing. Abrief description of the position and the maxi-mum US tax exposure will be needed.

With the rise of employment tax auditsadded to the mix, the name of the game?Buckle up Dorothy, because it is about to be awild ride…

Chaya Kundra, Chair

TECHNOLOGY COMMITTEEMEETING DATESMarch 3, 2010 April 7, 2010

Meetings will be held at 5:00p.m. at theoffices of Dragga, Hannon, Hessler & Wills,

LLP, 110 North Washington St., Suite 300,Rockville, MD 20850, unless otherwise noted.

C. Sei-Hee Arii, Co-ChairP. Lindsay Parvis, Co-Chair

WORKERS’ COMPENSATIONSECTION MEETING DATESMarch 23, 2010 April 8, 2010

Meetings will be held on the 2nd Thursdayof the month at 4:30 p.m. in the ConferenceRoom of the Bar Association Building at 27West Jefferson St., Rockville, MD.

Our March meeting (2nd Annual Lunchwith the Commissioners) will be a joint meetingwith the Prince George’s County BarAssociation on Tuesday, March 23, 2010 at SirWalter Raleigh’s Restaurant, 6323 GreenbeltRd., Berwyn Heights, MD 20740; 301-474-6501. The cost is $35 per person, payable bycash or check at the door. Please RSVP to MattTidball at [email protected] or PatrickMcCarthy at 240-553-1173. This event soldout last year!!

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

YOUTH COURTHOUSEPROJECT COMMITTEEMEETING DATESMarch 3, 2010 April 7, 2010

May 5, 2010All meetings will be Brown Bag Lunch

meetings, to be held on the 1st Wednesday ofthe month at 12:15 p.m. in the Bar AssociationConference Room, unless otherwise noted.

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

COMMITTEES & SECTIONS

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

AMERICAN LAW INSTITUTE | ABA SEMINARS/WEBCASTS~

Thursday, March 4, 2010 SEC Round-Up: Recent Developments in Corporation Finance

~ live video webcast ~Thursday-Friday, March 4-5, 2010

Global Warming: Climate Change and the Law~ on site in Washington, DC | live video webcast ~

Friday, March 12, 2010 state Tax Repeal: In-Depth Analysis of Impact on Estate & Small Business Planning

Video Replay for Estate Planners & Tax Lawyers~ live video webcast ~

Wednesday, March 17, 2010Effective and Ethical Representation Agreements: The Ten Commandments and Beyond

~ live telephone seminar | live webcast ~Thursday-Friday, April 15-16, 2010 Commercial Real Estate Financing

Strategies for Changing Markets and Uncertain Times~ on site in Philadelphia, PA | live video webcast ~

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

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

MARCH 2010 CLE SCHEDULEMARCH 2010 CLE SCHEDULEREGISTRAREGISTRATION FORMTION FORM

New Practitioner $35.00 Member $65.00 Non-Member $90.00All CLE Seminars are held in the Bar Office CLE Classroom unless otherwise noted

Adding the E to DiscoveryMonday, March 1, 2010 ~ 4:30 PM - 6:30 PM (originally 5:00 PM - 7:00 PM)(This program will be held at: Circuit Court, Courtroom No. 1, 3 rd Floor Rockville, MD 20850)

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

Immigration Issues for the Family Law AttorneyWednesday, March 10, 2010 ~ 5:30 PM - 8:30 PM

What exactly is Child Protective Services & What to do When Child Protective Services Invades Your Family Law CaseThursday, March 11, 2010 ~ 5:30 PM - 8:30 PM

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

Estate and Gift Tax Planning for Anticipated Liquidity EventsTuesday, March 23, 2010 ~ 5:30 PM - 8:30 PM(This program will be held at: 12505 Park Potomac Ave., 6th Floor, Potomac, MD 20854)

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

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

The Honorable Steven G. Salant - “A View from the Bench”Thursday, March 25, 2010 ~ 7:45 AM - 8:45 AM

Name:

Address/City/State:

Phone: Fax:

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

Visa/MC/Discover#

Exp. Date: CVV Code: Total:

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

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

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

[email protected]

To pay online and register go to http://www.montbar.org/CLE/CLE.aspx

Page 24: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

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

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

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

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

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

OUR FAMILY LAW JUDICARE ANDCUSTODY HEROES….

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

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

The following attorneys providedlegal services for the Pro Bono Programduring the month of January 2010. Onbehalf of the Board of Directors of theBar Foundation, we wish to thank thesesuper attorneys for their much neededassistance and dedication!!

Intakes - 162 Cases Opened - 154Cases Referred - 33 Cases Closed - 167

Pro Bono Case Referrals

Michael P. BryantStephen Conte Louis FireisonAnne HingdonEmily Russell

Joaquin SequeiraPeter SpannBelinda Tilley Jerry Williams, IIIEva Y. Xu

Judicare Referrals

EVENING CLINICS

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

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

for Cultural Diversity11319 Elkin StreetWheaton, Maryland 20901

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

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

Center3300 Briggs Chaney RoadSilver Spring, MD 20904

*2 cases **4cases

Jonathan BloomMaryKay CanarteJoy CeesayDebbie Dwyer

Jeff StickleCourtney SydnorRobert Wagman

Justin BrionesPatricia McDonaldLydia LawlessJerry Lyell

Kathyrn McDonoughJay MarksDavid Vega Juan Washington

Essita DuncanRoger GoldenJerry LyellJay Marks

Patricia McDonaldPriya SharmaDavid VegaJuan Washington

Gilchrist Germantown Center

TESS Center

Gilchrist Wheaton Center

Joe GaffiganJerry LyellEshigo Okasili

Manny MonteroKwaku OforiJuan Washington

East County Briggs Chaney Clinic

Rodella Berry Michael P. BryantDavid F. Chavkin**Sharon C. Chu Stephen ConteLouis Fireison Victor Graves Anne HingdonLawrence Regan, Jr.*

Richard RosenblattEmily Russell Belinda TilleyJoaquin Sequeira Peter Spann Stacy R. Swain Michael L. WolffJerry Williams, III Eva Y. Xu*

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

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

Page 25: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

SPECIALTY BAR ASSOCIATIONS

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

J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC., Mont-gomery County Committee monthlymeeting will be held on Saturday, March6, 2010, from 9:30 a.m. to 11:30 a.m. inthe conference room of the BarAssociation of Montgomery County,Maryland, 27 West Jefferson Street,Rockville, Maryland 20850. Breakfastwill be served.

The Committee usually meets on thefirst Saturday of the month. If you cannotcome to this meeting, please join us onSaturday, April 3, 2010. For more infor-mation, please contact Holly Reed, Esq. at(301) 587-9480.

The Joint meeting of the J. FranklynBourne Bar Association, the BarAssociation for Montgomery County, andthe Prince George's County BarAssociation will be rescheduled. We willlet you know as soon as everything isfinalized.

SIMON E. SOBELOFFJEWISH LAW SOCIETY

TWO GREAT EVENTS:MARCH 3, 2010: ORT KOSHER

WINE TASTING at 7 PM at the home ofSobeloff Members Neal Meiselman andTerry Shuch, 2810 Washington Avenue,Chevy Chase, MD. FREE TO ALLSOBELOFF MEMBERS- THEREWILL BE NO SOLICITING–ONLYSCHMOOZING AND GREAT WINEAND MUNCHIES

MARCH 11, 2010: COME TO OUR"ANNUAL RECEPTION TO HONORTHE MONTGOMERY COUNTY JUDI-CIARY" WHEN: MARCH 11, 2010 5:00PM to 8:00 PM. This is our premier eventwhere members of the bench and bar canschmooze and enjoy delicious food. SEEOUR FULL PAGE AD IN THISNEWSLETTER. Join us in the CircuitCourt Atrium, 50 Maryland Avenue,Rockville, Maryland. Catered by Max'sKosher Café & Deli. COST: $30 at the dooror free with purchase/renewal of a SobeloffSociety membership. Dietary LawsObserved. If you are planning to attend this

event, please RSVP to [email protected] call Brian Barke at (301) 309-8300.

MONTGOMERY COUNTYWOMEN’S BARASSOCIATION

Bid to Win!Our triennial auction is around the cor-

ner–March 13, 2010 at the Chevy ChaseWomen's Club! Have you bought your tick-ets yet? Don't miss out on fabulous auctionitems like…a week in Costa Rica…airlinetickets…a vacation in Nags Head…sportsand performance tickets…a year of micro-brew beer…golf outings…and, our Judges'Corner!

Our Best of Live and Best of Silent raf-fle tickets are going quickly. $50-$100could win you the item of your choice fromour live or silent auctions.

To register for the auction and to pur-chase raffle tickets, please contact HeatherCollier at [email protected] or 301-340-9090. $45 per person, including heavyhors d'oeuvres, wine, and beer.

See you at the auction!Save the dates:

April 14 - Membership Happy HourApril 22 - Take Your Child to Work

LuncheonMay 20 - Women's Commission Law Day

Lindsay Parvis, Chapter President

Montgomery CountyWomen’s Bar Association

Triennia Auction~

March 13, 2010Chevy Chase Women’s Club

~$45 per person

(includes heavy hors d’oeuvres,wine and beer)

To register for the auction and topurchase tickets, please contact HeatherCollier at [email protected] or301-340-9090.

Page 26: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

LEGAL ANNOUNCEMENTSBallard Spahr is pleased to announce thatcommercial real estate attorney Mark D.Jackson has joined Ballard Spahr'sBethesda office as Of Counsel in the RealEstate Department and a member of theReal Estate Finance and Leasing Groupsand the Distressed Real Estate Initiative.For nearly 25 years, Mr. Jackson hasfocused on the acquisition, disposal, andfinancing of real estate and advised devel-opers and end-users on management andleasing of real estate projects. He also rep-resents lenders and investors in real estateand other asset-based loans and invest-ments. His clients include owners, develop-ers, and managers of office buildings, resi-dential buildings and communities, researchand development facilities, commercialshopping centers, and mixed-use projects.Shulman, Rogers, Gandal, Pordy &Ecker, P.A. is pleased to announce the pro-motion of Heather L. Howard, MeredithS. Campbell and Ira E. Hoffman toShareholder. Heather A. Howard is a share-holder in the firm's Commercial LitigationDepartment and focuses her practice onfiduciary litigation matters such asguardianship of adults and minors, elderlaw and trust and estate litigation as well asa full range of family law matters includingcomplex issues related to business andproperty valuations, division of maritalproperty and custody and visitation issues.She is a member of the Maryland, Districtof Columbia and Virginia bars. Ms.Howard also serves on the Board ofTrustees of Hospice Caring, Inc. MeredithS. Campbell is a shareholder in the Firm'sEmployment and Labor Law PracticeGroup. Her practice focuses primarily onthe representation of management in allphases of employment law, including equalemployment litigation, wage and hour liti-gation, the protection of confidential andproprietary business information, executive

University Law Center. He is admitted topractice in Maryland and the District ofColumbia. The firm is located at 25 W.Middle Lane, Rockville, MD 20850; (301)340-2020; www.steinsperling.com.

RENT/LEASEASPEN HILL – One or two attractive,fully furnished window offices in law officesuite in two story office building.Connecticut Avenue address. Receptionarea with seating for client-waiting; largeconference room with extensive law libraryand copier also available. 12 minutes toRockville courthouses. Free parking andDSL service. Call Gail at 301-460-0700.BETHESDA – Large windowed officesuite with private bathroom; separatesecretarial space on 2nd floor in privatebuilding across from Metro; approximately400 sft. Parking and all amenities available:kitchen, conference room, etc. Call 301-654-7540.GAITHERSBURG – Individual Officesand/or 2 Office Suite. Copier, fax,voicemail, conference room, DSL and roadsignage available. Desirable location on

WHAT’S NEW ...

compensation and enforcement of restric-tive covenants. She is a member of theMaryland and District of Columbia bars.Ira E. Hoffman is a Chairman of the firm'sGovernment Contracts and InternationalPractice Groups. He is a highly regardedlegal adviser, advocate, author and speakeron government contracts, export controls,and other international law issues. Formore than 25 years, Mr. Hoffman hasfocused his practice on the areas of govern-ment contracts, national security law, inter-national trade law, international procure-ment, complex civil and administrative liti-gation, and alternative dispute resolution.He is a member of the Maryland, District ofColumbia and Florida bars.Stein, Sperling, Bennett, De Jong,Driscoll & Greenfeig, P.C. is pleased towelcome Steven A. Widdes as a principalof the firm. He concentrates his practice inareas of estate planning, estate and trustadministration, as well as tax and businessplanning and has leveraged his experiencein these areas on behalf of clients for nearly30 years. Mr. Widdes received his J.D.from Drake University Law School and hisLL.M. in Taxation from Georgetown

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

Forensic Accounting – Financial Fraud InvestigationsTax Issues – Income Tax Preparation

Alan ZippCertified Public Accountant

Attorney at LawCertified Business Appraiser

Certified Fraud Examiner

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

JENNIFER FAIRFAX

Member of AmericanAcademy of Adoption Attorneys

Adoptions • SurrogacyDonor Agreements

827 Woodside ParkwaySilver Spring, MD 20910301.221.9651fax: [email protected]

Member of RESOLVE Mid-Atlantic RegionFellow of the American Academy of

Assisted Reproduction Technology AttorneysLicensed in Maryland and the District of Columbia

Page 27: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

WHAT’S NEW ...

building with outdoor terrace. Secretarialspace optional. One block from CircuitCourt. Adjacent to the Rockville MetroStation. Full use of conference room,reception, copier & kitchen, and otheramenities for a reasonable cost. CallStanley at (301) 340-3003.ROCKVILLE – Two windowed officesand secretarial space available in suite inOne Church Street building. Right next toMetro. Underground parking available.Walk to Rockville courthouses and newTown Center. Use of telephone, copier and,telecopier. Conference room available.Please call Sandy at 301-251-0202.ROCKVILLE – Walk to Courthouses andMetro. Windowed & non-windowedspaces. Window: (16 1/2 x 9 1/2); Non-windowed (15 1/2 x 10 1/2) – 600 JeffersonPlaza – “The Eagle Building.” Indoorparking FREE for guests. Parking andcubicles available for staff. Includes use ofconference room and kitchenette.Copier/scanner/fax available. Stop byanytime. 240-370-1901ROCKVILLE – Windowed individualoffices and or office cubicles - copier, fax,voicemail, conference room available.Utilities and cleaning service included. Only6 minutes/2.79 miles to Rockvillecourthouses. Call 240-243-7200 or [email protected].

ATTORNEY POSITIONSAVAILABLEASSOCIATE ATTORNEY – Kamkari LawFirm, located in Rockville, is seeking anassociate attorney with 3-6 years of experiencein family law practice who can workindependently and with the least amount ofsupervision. Only Ambitious, entrepreneurial,and hard working attorneys with the requisiteexperience should apply. Fluency in a secondlanguage is preferred, but not required. Salary

and bonus based on experience. Partnershippossibility for more experienced attorneyswith a portable practice and establishedclientele base. Eligible candidates shouldforward their resume and salary requirementby fax to: (301) 738-6455, or email:[email protected] - ESTATE, PROBATE ANDTAX PLANNING – Well established AVrated Rockville law firm seeks an estate,probate and tax planning attorney with 5-10years of experience. Must seek to contributeand make a difference. Firm has existing andvaried commercial, business, real estate andlitigation practices, as well as opportunities forpersonal and professional development.Successful candidate must have ability tohandle estates ranging from $1M up to $10M.LLM or advanced tax work preferred.Knowledge of elder care issues helpful. Mustbe committed to business development andactively involved in the community to promoteown and firm practice areas. Excellent clientcommunication skills, ability to work as ateam player, attention to detail, and soundjudgment are all qualities important to ourFirm. If you are looking for support in theexpansion of your practice, our firm may bethe perfect fit for you. Excellent opportunityfor a practitioner looking for professionalcamaraderie and support in taking yourpractice to the next level. Look at our Firmwebsite: www.mcmillanmetro.com. Respondin confidence to: [email protected] ASSOCIATE – Do you wantto join a law firm with many attorneys whopreviously worked in the largest and mostprominent law firms in DC and have made themove to begin to build their own practices?90+ attorney, entrepreneurial law firm withdynamic business and finance practice isseeking an associate with 2+ years ofexperience with business and financetransactions and mergers & acquisitions. Theideal candidate should be capable of drafting

Route 355. $750-$1,500/month. Call 301-987-2002 or email [email protected] – Windowed officeavailable in first class building on Rt. 355,near Shady Grove Road. Office suite hasjust been built out. Includes internet, phone,fax, copier, kitchen, and 2 conferencerooms. Available furnished. Secretarialspace also available. Plenty of parking.Only a 5 minute drive to courthouses.Overflow work available. Call 301-670-6333.GERMANTOWN – Churchill ExecutiveOffice Park–high visibility, convenient toI-270; 1,000 SF end unit now available.Call 301-251-9200.NORTH BETHESDA/ROCKVILLE –Two attorney offices in law office suite.Walking distance to White Flint Metro;easy access to Rockville Pike and OldGeorgetown Rd. and 270. Receptionistservices, fax, DSL, photocopier 2conference rooms, kitchenette, freeparking. Contact Larry Kent; Kidwell,Kent & Curran, 301-984-1212;[email protected] – Large interior officeavailable in shared attorney suite $500.Grade A building, newly renovated suite &conf rooms. Cost-sharing avail. for Lexis,DSL, copier, kitchen, & full timereceptionist. Easy walk to Courts andMetro. Possible referrals. 600 JeffersonPlaza. Call Rick 301-762-0402.ROCKVILLE – One windowed office onsecond floor of two-level office buildingthat has a reception area, conference room,kitchen, copier, FAX machine and freeparking. Walking distance toCircuit/District Courts and Metro.Reasonable rent. Contact Benjamin A.Klopman at 301-424-0677.ROCKVILLE – Part-time or satelliteoffice and one or two full-time offices in abeautiful penthouse suite in premium office (Continued on following page)

Page 28: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

24 The Bar Association of Montgomery County, MD Newsletter March, 2010

WHAT’S NEW ...

corporate documents such as shareholderagreements, operating agreements for LLCs,commercial contracts and general corporatematters. Securities background a plus. A rarecareer opportunity for a corporate lawyer tolearn and develop within a highly successfulfirm. For consideration, submit resume andwriting sample to: Ms. Maura Bowen,Shulman, Rogers, Gandal, Pordy & Ecker,P.A., 12505 Potomac Avenue, 6th Floor,Potomac, MD 20854; Fax (301) 230-2891;email: [email protected] FAMILY LAWATTORNEY – Small, well established AVrated Rockville family law firm seeks a highlymotivated and experienced family lawattorney with 6 to 10 years of family lawlitigation experience. This position offers anexcellent opportunity to join a boutique firmwith a vision for the future. Greatopportunities and practice environment withexcellent earning potential for the rightcandidate. All resumes accepted in strictconfidence. Email to: [email protected] ATTORNEY – Wellestablished AV rated Rockville law firm has anexciting opportunity for a commercial litigatorwith 5-8 years of experience. Candidate mustseek to contribute and make a difference. Firm

has existing and varied commercial, business,real estate, estate planning, estateadministration and litigation practices, as wellas offers camaraderie and opportunities forpersonal and professional development.Candidate must be committed to businessdevelopment and actively involved in thecommunity to promote own and firm practiceareas. Excellent client communication skills,ability to work as a team player, attention todetail and sound judgment are all qualitiesimportant to our Firm. Excellent opportunityfor a practitioner looking for professionalcamaraderie and support in taking yourpractice to the next level...portable business isa plus. Look at our Firm website:www.mcmillanmetro.com. Respond inconfidence to: [email protected](S) – Theestablished suburban Maryland law firm ofJoseph, Greenwald & Laake, PA is looking toexpand its business practice in MontgomeryCounty. The firm, now in its fifth decade ofoperation, has experienced steady growth overthe last decade from its primary location inGreenbelt, Maryland. The firm is expandingits offices into the Rockville Town Center. In

(Continued from preceding page) that process it is seeking partner-levelattorney(s) with practices that provide the fullarray of transactional services to businessclients. Ideal candidates will have annualportable business of $500K+. This is anattractive opportunity to join a growing,successful law firm that is committed to thedevelopment of this practice area. All replieswill be strictly confidential. Call or e-mailDavid Bulitt at (301) 220-2200 [email protected] ESTATE ASSOCIATE – SuburbanMaryland law firm seeks a seniortransactional associate with concentrationin commercial real estate. The idealcandidate will have at least 5 years ofexperience representing landowners,developers, or end users in real estatetransactions, lenders and borrowers incommercial real estate based lendingtransactions and commercial landlords andtenants. Strong communication skills andresearch skills are required. Maryland Barrequired. District of Columbia and VirginiaBars preferred. For consideration, submitcover letter and resume [email protected]. EOE.

Pension Divorce Valuations – 401(k) Marital TracingsWrongful Death & Personal Injury Analyses

Actuarial Valuations – Expert Testimony – Loss of Earnings Studies

Member National Association of Forensic Economics

PUSHKIN & PUSHKIN, INC.Actuaries and Consultants

30 E. Padonia Road, Suite 406Timonium, MD 21093

Baltimore 410-561-1945 ~ Washington 301-951-9430www.PushkinAndPushkin.com

ECONOMIC VALUATIONS

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WHAT’S NEW ...

March, 2010 The Bar Association of Montgomery County, MD Newsletter 25

Eileen L. Coen, 5522 Trent St., ChevyChase, MD 20815; tel.: (202) 494-9602;email: [email protected] A. Hafey, 8918 Tonbridge Terrace,Adelphi, MD 20783; tel.: (240) 463-9351;email: [email protected] R. Fox, 100 First St., Apt 125,Rockville, MD 20851; email:[email protected] D. Hart-Edwards, 12505 ParkPotomac Ave., 6th Floor, Potomac, MD20854; tel.: (301) 255-0520; email:[email protected] B. Kanner, 1401 Blair Mill Rd., Apt.1807, Silver Spring, MD 20910; tel.: (561)251-6223; email:[email protected] D. Lamari, 15411 Baileys Lane, SilverSpring, MD 20906; tel.: (301) 520-4520;email: [email protected] D. Laste, 5411 McGrath Blvd.,Apt. 615, Rockville, MD 20852; tel.: (202)302-4800; email: [email protected]

Cheryl R. Levine, P.O. Box 355, 4215Olney Laytonsville Road, Olney, MD 20830-0355; tel.: (301) 787-2302; email:[email protected] P. Maarbjerg, 1112 25th Street, NW#2, Washington, DC 20037; email:[email protected] W. McKeehan, 13408 Norden Dr.,Silver Spring, MD 20906; tel.: (202) 515-2422; email: [email protected] D. Miller, 11900 Parklawn Place,Apt. T3, Rockville, MD 20852; tel.: (435)590-7286; email: [email protected] S. Phillips, III, 4970 Battery Lane,Apt. 608, Bethesda, MD 20814; tel.: (202)683-7490; email: [email protected] J. Prutow, 5440 Marinelli Rd.,#325, Rockville, MD 20852; tel.: (202) 577-4814; email: [email protected]. Carol Williams, 3 Bethesda Metro Center,Suite 700-25, Bethesda, MD 20814; tel.:(301) 864-8188; email:[email protected]

NEW MEMBERSADVERTISERS INDEX

AccessInk, LLC . . . . . . . . . . . . . . . . . . . .22www.accessink.net

Berenato, White & Stavish, LLC . . . . . .14www.bwsiplaw.com

Center for Forensic Economic Studies . . .25www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .13www.circletreatment.com

Jay Dahill, Realtor . . . . . . . . . . . . . . . . . .15www.JayDahill.com

Richard Edelman . . . . . . . . . . . . . . . . . . .13www.economic-analysis.com

Elkind & Shea . . . . . . . . . . . . . . . . . . . . .24www.disabilitybenefitslawfirm.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . .22www.jenniferfairfax.com

Franchise & Business Law Group . . . . .21www.www.franbuslaw.com.com

David Harrison . . . . . . . . . . . . . . . . . . . . .5www.marylandappraiser.com

Insight Treatment Center . . . . . . . . . . . .16Joseph, Greenwald & Laake, P.A. . . . . . .6

www.jgllaw.com.comMichael L. Kabik, Esquire . . . . . . . . . . .24

www.srgpe.com/immigration.htmlKhatri Legal, PC . . . . . . . . . . . . . . . . . . . .5

www.khatrilegal.comLegal Outsourcing Solutions . . . . . . . . .23

www.legaloutsourcingsolutions.comMcAdoo, Gordon & Associates, P.C. . . .14

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

www.McCammonGroup.comMetro Counseling Services, Inc. . . . . . . .14

www.metrocounselingservices.comMetropolitan Process Services . . . . . . . . .5

www.metroprocess24.comMontgomery County Sentinel . . . . . . . . .7

www.thesentinel.comOffice of Consumer Protection for

Montgomery County . . . . . . . . . . . . . . . .4www.montgomerycountymd.gov/consumer

1 Stop Pack N Ship . . . . . . . . . . . . . . . . .25www.1stoppacknship.com

Oxley & Goldburn Insurance . . . . . . . . .11www.oxleygoldburn.com

Pushkin & Pushkin . . . . . . . . . . . . . . . . .24Rial & Associates LLC . . . . . . . . . . . . . . .6

www.rialassociates.comRiley & Associates, LLC . . . . . . . . . . . . . .7

[email protected] Management Group . . . . . . . . . . . . .6

www.rmgadvisors.comRossmann - Hurt - Hoffman, Inc. . . . . .10

www.rhhinsurance.comStein, Sperling, Bennett, De Jong, Driscoll

& Greenfeig, P.C. . . . . . . . . . . . . . . . .11www.rhhinsurance.com

Alan S. Zipp, Esquire . . . . . . . . . . . . . . .22

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26 The Bar Association of Montgomery County, MD Newsletter March, 2010

STATE’S ATTORNEY’S ASSIGNMENTS

WE NEED VOLUNTEERSThe Family Law Self Help Center is

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

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

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

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

Page 31: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

March, 2010 The Bar Association of Montgomery County, MD Newsletter 27

JUDGES SCHEDULES–DECEMBER

Circuit Court

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

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

Page 32: Pride in Membership, Leadership in Justice · PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. Unlike the "President's Messages" written by me over the past six months, I have

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

PeriodicalsPostagePAID

atRockville, MD

Calendar

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

MARCH1 4:30p.m. CLE CLE Seminar–Commercial Litigation2 12:15p.m. Bar Luncheon

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

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:00p.m. CR Technology Committee Meeting5:30p.m. CLE CLE Seminar–Employment

Law/Personal Injury Litigation4 8:00a.m. C/S District Court Bench Bar Committee5 Noon CR Education Law Section Meeting

4:00p.m. Judge Cheryl McCally Investiture8 11:45a.m. C/S Estate & Trust Law Section Meeting

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

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

10 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CLR Elder Law Section Meeting8:00a.m. CR Mentor/Mentee Committee Meeting4:30p.m. CR Legal Ethics Committee Meeting5:30p.m. CLE CLE Seminar–Immigration Law

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

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

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

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

5:30p.m. CLR Family Law Section Meeting19 4:00p.m. Judge Joseph Quirk Investiture22 5:30p.m. CLE CLE Seminar–Family Law (Rita

Rosenkrantz Family Law Training)23 12:30p.m. C/S Workers Compensation Law Section

5:30p.m. CLE CLE Seminar–Estate & Trust Law24 5:30p.m. CR Foundation Board of Directors25 7:45a.m. CLE CLE Breakfast–Family Law26 Noon CR Personal Injury Litigation Section

APRIL1 8:00a.m. C/S District Court Bench Bar Committee2 Noon CR Education Law Section Meeting5 5:30p.m. C/S Taxation Law Section Meeting6 12:15p.m. Bar Luncheon7 8:00a.m. C/S Circuit Court Bench Bar Committee

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:00p.m. CR Technology Committee Meeting

8 7:45a.m. CLE CLE Breakfast–Breakfast with the Judges4:30p.m. CR Workers Compensation Law Section5:30p.m. CLE CLE Seminar–Family Law

12 11:45a.m. C/S Estate & Trust Law Section Meeting5:00p.m. CR Executive Committee Meeting

13 8:00a.m. CR Intellectual Property & Technology Law8:00a.m. C/S Real Estate Law Section Meeting6:00p.m. C/S Business Law Section Meeting

14 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CLR Elder Law Section MeetingNoon CR Employment Law Section Meeting4:30p.m. CR Legal Ethics Committee Meeting

15 8:00a.m. C/S Law Firm Management Section Meeting12:30p.m. DELQ Bench Bar Meeting5:30p.m. CLR Family Law Section Meeting

20 5:30p.m. CLE CLE Seminar–Taxation Law21 5:30p.m. CR New Practitioner Section Meeting22 5:30p.m. C/S Family Law Section Wine & Cheese28 5:30p.m. CLE CLE Seminar–Family Law30 Noon CR Personal Injury Litigation Section