the bar association of montgomery county, md - newsletter

PRESIDENT’S MESSAGEBy Patricia M. Weaver

So, Glenn Cooper tells methat I should write somethingdeep and meaningful and pro-found in these pages. My guessis that most who embark onbeing profound, instead get lostin some deep thought and endup in obscure rambling. And,as here I go, we might just end

up there.But, rather than try to come up with any great

words of wisdom, I would like to share an experi-ence that had a fairly profound impact on me. Isay that the impact was profound because theevent altered my perspective immediately andsignificantly.

It happened back in law school. I went to theUniversity of Maryland back in the days when theparking lot was about 3 or 4 blocks from the lawschool. So, many a morning, I walked these sever-al city blocks to get to class. Along the route, Iwould pass a liquor store on the corner, which rou-tinely drew a crowd of people waiting for its doorsto open at 10 a.m. Passing by, I wondered how thesefolks’ lives could be so messed up that they werelined up and waiting for the liquor store to open soearly in the morning.

(Continued on page 4)

The Honorable Nelson W. Rupp, Jr.,

Associate Judge,

Montgomery County Circuit Court

and the

Montgomery County Circuit Court

Adult Drug Court

cordially invite you to attend

A Graduation ofMontgomery County Circuit Court

Adult Drug Court ParticipantsWednesday, November 3, 2010 ~ 4PM

Circuit Court for Montgomery CountyJudicial Center ~ 50 Maryland Avenue

Courtroom 1, Third FloorRockville, Maryland

~ Reception Immediately Following ~

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

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

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

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

Donations will be accepted throughDecember 9th at theBar Association of

Montgomery County, MD27 West Jefferson Street

Rockville, MD

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

Volume 58, Issue 5 November 2010

NEWSLETTERNEWSLETTERIn

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e T

his

Is

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3 Current Update

5 A Balancing Act ...

8 Tech Talk

9 Legal Ethics Article

11 New Practitioners

13 Committees/Sections

Insert Bar Foundation A CLE Insert

Insert New PractitionerB Section Happy Hour

Insert Golf & Tennis OutingC Sponsors & Pictures

21 Pro Bono

22 Specialty BarAssociations

23 Rent/Lease Ads

24 Attorney OpportunityAds

26 States AttorneySchedules

27 Judges Schedules

28 Calendar

Pride in Membership, Leadership in Justice

BAR LUNCHEON SCHEDULE

November 9, 2010 – Speaker: Tim MaloneyDecember 7, 2010 – Speaker: John McCarthyFebruary 1, 2011 March 1, 2011

April 5, 2011

Rockville United Methodist Church,112 West Montgomery Ave., Rockville, MD 20850

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

If you have a dietary restriction and require a spe-cial meal, please contact Cindy at [email protected] least 1 week prior to the luncheon. Please indicatewhat type of dietary restriction you have.

PLEASE NOTE ... We must receive your requestin writing at least 1 week in advance of the luncheonso that we can accommodate you.

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

FOR YOUR INFORMATION

2010-2011Officers and Chairs

ASSOCIATION OFFICERS President: Patricia M. WeaverPresident-Elect: John M. QuinnTreasurer: Audrey A. CreightonTreasurer-Elect: Bradford S. BernsteinSecretary: Lili KhozeimehPast President: E. Joseph Fitzpatrick, Jr.Executive Director: Julie PetersenEXECUTIVE COMMITTEEBibi M. BerrySteven T. BlombergLauri E. ClearyThomas M. DeGonia, IIMarjorie G. DiLimaMark A. GildayMonica G. HarmsMaura L. LynchThomas P. RyanJames C. SavageClark E. Wisor, IIICarlotta A. Woodward

New Practitioners Co-Chairs:Andrew L. Schwartz & Alison C. Weinberg

COMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Bradford S. Bernstein, Chair –

(301) 517-4811Bench/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

Judicial Selections – Larry A. Ceppos, Chair – (301) 251-0440Larry A. Ceppos, Vice Chair – (301) 251-0440

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

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575Strategic Planning – David A. Pordy, Chair – (301) 230-5205 Nominations & Elections – To Be AppointedProfessionalism & The Quality of Life - Heather S. Collier, Co-Chair –

(301) 340-9090; Rhian McGrath, Co-Chair – (301) 907-2804Social – To Be AppointedSoftball – Scott D. Nelson, Chair – (301) 762-7770Specialty Bar Associations – To Be AppointedTechnology – Sebastian Forgues Co-Chair – (240) 507-1700;

Behzad Gohari, Co-Chair – (301) 761-3000Unauthorized Practice of Law – Ronald M. Abramson, Chair –

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

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

(301) 977-8002; Judith A. Mustille, Co-Chair – (301) 424-1720Animal Law – To Be AppointedBusiness 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) 340-2541;Karen S. Smith, Co-Chair – (240) 383-2555

Elder 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 – Erik P. Arena, Co-Chair – (240) 507-1700;

Brian K. Pearlstein, Co-Chair – (301) 869-1700;Robert D. Weinberg, Co-Chair – (301) 913-5236

Federal Practice – Charles F. Chester, Co-Chair – (301) 294-2500;Chaya Kundra, Co-Chair – (301) 424-7585

Health Law – To Be AppointedImmigration – Matthew R. Glinsmann, Chair – (301) 987-0030Intellectual Property & Technology – Michael L. Greenberg, Co-Chair –

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

Carlotta A. Woodward, Co-Chair – (301) 424-6366 Law Firm Management – David M. Schoenfeld, Chair – (240) 243-7200New Practitioners – Andrew L. Schwartz, Co-Chair – (301) 838-3327;

Alison C. Weinberg, Co-Chair – (301) 838-3318Mentor/Mentee (sub of New Practitioners) - Christopher W.

Roberts, Chair – (301) 340-9090 Chamber Chats – Jeremy D. Rachlin, Chair – (301) 656-8840

Personal Injury Litigation – Hong S. (Paul) Chung, Co-Chair (Plaintiff) –(301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (410) 528-7736

Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 &Alexis H. Peters, Co-Chair – (301) 255-0538

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

(301) 315-9400 & Jeffrey W. Stickle, Co-Chair – (301) 762-7770

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

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

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

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

POSTMASTER:Send address changes to:

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

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

FOR LAWYERS WHONEED HELP

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

All calls are strictly confidential.Daniel W. Gaskill, Chair

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

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

[email protected]

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

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

Clarice Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected]

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

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

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

[email protected]

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

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

The following staff listing is not for public information. It is for attorney use only.Mary Kay Canarte, Managing Attorney (Part-Time) . . . . . . . . . . . . . . (301) 762-5831

[email protected]

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

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

FRIENDS OF BILL W.LAWYER MEETING

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

BAR FOUNDATION OFFICERS(Effective July 1, 2010)

President: E. Joseph Fitzpatrick, Jr.President-Elect: Patricia M. WeaverTreasurer: Richard H. MelnickSecretary: Stephanie L. FinkPast President: Paul B. DeWolfe

BOARD OF DIRECTORS

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

(301) 657-0176 & William C. Davis, III, Co-Chair – (240) 507-1711CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707Continuing Legal Education – Margaret M. Schweitzer, Chair – (240) 777-7327Diversity – Charles B. Day, Chair – (301) 344-0393Endowment – Joseph P. Suntum, Chair – (301) 762-5212Facilities – Patrick C. McKeever, Chair – (301) 762-5212Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &

Alison W. Rind, Co-Chair – (301) 657-0750 Governance – Nancy A. Sachitano, Chair – (301) 657-8808Pro Bono – Michael J. Goecke, Chair – (301) 657-0185School Mock Trial – Bradford S. Bernstein, Chair – (301) 517-4811Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 838-3217

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

Michael G. BanksHon. Mary EllenBarberaDouglas M. BregmanHon. Cynthia CallahanEun (Jeannie) K. ChoHon. Gary L. CrawfordHon. John W. Debelius, IIIDavid S. De JongPaul H. EthridgeMary Ellen FlynnHon. Ann S. HarringtonRobert B. HetheringtonHeather Q. Hostetter

Paul F. KempMimi L. MagyarRachel T. McGuckianPatrick C. McKeeverCamilla O. McRoryA. Howard MetroJohn C. MonahanJames A. Mood, Jr.David A. PordyNancy A. SachitanoHarry C. StormHon. Roger W. TitusDonna E. Van ScoyMarvin Waldman

HEADING

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

CIRCUIT COURT NOTES Those of us who bicycled the C & O

Canal at the beginning of last month werereminded that it’s always easier pedalingdownhill on a sunny day. Facing rain andwind and steep climbs works best whenwe have prepared for the challenge andwhen we have our counterparts support-ing our progress. As we, as individualsand as members of organizations, work tomeet our mandates and our obligationswith diminished resources in the face ofincreasing need, we might draw on themutual respect and constructive participa-tion that characterized the criminal andcivil DCM reviews. The Circuit Courthas continued to work to address con-cerns and refine procedures to facilitatethe revised DCM plans and the new pro-ceedings developed and recommended bythe Working Groups. Thank you again toall the attorneys who have been patientand constructive in their feedback duringa time of transition. As I have notedbefore, we believe that these efforts toencourage early resolution will allowattorneys to encounter less crowded trialdockets and greater predictability in theirtrial calendars, reducing inconvenience

and anxiety not only for the attorneys, butalso for their witnesses, including vic-tims, and for the their clients.

As a general reminder, the revisedCriminal and Civil DCM Plan timelines,policies and procedures affect all crimi-nal and civil cases filed on or after July1, 2010 as well as any of the approxi-mately 45 criminal cases filed some timein the past in which a bench warrant wasimmediately issued on filing and thedefendant has remained on warrant status.Cases filed prior to July 1 will not berescheduled to conform to the revisedDCM guidelines. However, all cases willcontinue to be managed to minimizedelay and ensure timely resolution.

CRIMINAL CASELOADAs noted last month, several adjust-

ments have been made to facilitate theCriminal 4-215/Scheduling Hearingdockets and to facilitate the entry of pleaagreements:

To that end, to reduce the unneces-sary transport of represented criminaldefendants who then do not appear incourt for their 4-215/SchedulingHearings, only those locally incarcerat-

ed defendants whose counsel haverequested their presence will be trans-ported for 4-215/Scheduling Hearings.Please alert the Assignment Office ifyou wish for your locally detainedclient to be transported for the4-215/Scheduling Hearing. TheSheriff’s Office has kindly agreed towork to ensure that those defendantswhose counsel request their attendancewill be transported and brought to thecourtroom from lock-up for the hearing.The Sheriff’s Office will serve all locallyincarcerated defendants who are nottransported with their Scheduling Orders.

CURRENT UPDATE

Christiane Sorel . . . . . . . . . .301-299-1838David Gardner . . . . . . . . . .301-762-8475For 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 5)


Typically, the corner crowd includedstreet walkers and winos and other ele-ments of a hardened reality. The conver-sations ran only from harsh to vulgar, andeverything about the scene was coarseand depressing. These folks, I concluded,were the dregs of society ... somehowlacking in certain aspects of basichumanity. That scene and perspectiveremained constant for most of my 1Lyear.

One day I approached the corner,and it was the same scene as always, butfor one thing. This day, there was a babystroller parked on that corner. In thestroller, was a toddler – probably about18 months old. The boy was bright eyedand alert and taking in all that was hap-pening around him. As I passed, I caughtand kept the child’s eye for what seemedforever, but was probably about ten sec-onds. And, in that time, my perspectiveof the people on that corner radicallychanged.

In his eyes, I saw innocence andhumanity. And, I realized that innocence

was up against a daily onslaught ofother forces – and likely would be formany years to come. I also knew that,while I caught a glimpse of the roadahead of this little boy, I really had littleunderstanding of everything that thischild would be exposed to and have toendure. And, I knew I could only guesswhat those things might do to hishumanity.

With my eyes briefly locked withhis, I thought of my own upbringingand of all the comforts I knew and tookas a given. I imagined that this boywould do without most of those com-forts. The thought physically hurt. And,the anguish was not just for the boy inthe stroller, but for each of the adultson the corner who had endured thatroad.

For the rest of my law school years, Inever saw that little boy again. I alsonever saw those adults on that corner thesame way.

I can remember that boy’s face eventoday ... some twenty years later. I hope Inever forget.

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1)

MSBA Cordially Invites You

and Your Guests to the

MSBA Mid-Year Meeting

Experience the Warm Beachesand Relaxation

Barcelo Maya Palace

Akumal-Riviera Maya

January 29-February 5, 2011

$1,799* per person, double occupancy(+$329 tax/fees)

For information, please visit theMSBA website ...

http://www.msba.org/calendar/flyers/midyear2011.pdf

THE WOMEN’S BAR ASSOCIATIONOF MARYLAND

MID-YEAR MEETING AND25TH ANNIVERSARY

RITA C. DAVIDSON AWARDThursday, November 18, 2010

Sheraton Columbia Town Center Hotel10207 Wincopin CircleColumbia, MD 21044

Cocktail Reception/Cash Bar—6:00 – 7:00 p.m.

Dinner and Ceremony—7:00 p.m.~

AWARD RECIPIENTSTHE HONORABLE

KATHLEEN M. DUMAIS Member, Maryland House of Delegates

from Montgomery CountyAND

THE HONORABLEELLEN L. HOLLANDER

Associate Judge, Maryland Court ofSpecial Appeals and Nominee to the

United States District Courtfor the District of Maryland

Cost:WBA Member/Law Student: $75WBA Member and a Guest: $150

Sponsor a Law Student: $75Nonmember: $90Table of 10: $750

Register online at www.wba-md.org byNovember 12, 2010.


As a reminder, 4-215/SchedulingHearings may be moved one week with ajoint line or by consent only when theHearing has not be previously reset andthe request does not prevent the settingof a trial date in accordance with Rule4-271(a). All other postponements of4-215/Scheduling Hearings must be soughtby written or oral motions Please see themethods for pre-clearing a SchedulingOrder below as an alternative to re-set-ting a 4-215/Scheduling Hearing.

Counsel are encouraged to continue toclear dates prior to the 4-215/SchedulingHearing to expedite the scheduling processthrough the Assignment Office. Stand-insfor counsel whose line is entered in thecase will be allowed only for schedulespreviously cleared. Assignment Officestaff will be available during the weekprior to the 4-215/ Scheduling Hearing andwill be present outside Courtroom #1beginning at 8:00 AM to allow clearing ofdates prior to the case being called. Caseswith dates cleared in advance will becalled first.

Attendance may be waived at thecombined 4-215/Scheduling Hearingonly when a defendant on bond status actu-ally signs a consent scheduling order indi-cating he/she has been apprised of sched-uled events, including the trial date, and theconsent order is filed with the court no laterthan the day prior to hearing, so that theconsent scheduling order may be verified,the case scheduled, and the4-215/Scheduling Hearing removed fromthe docket. Where a case is proposed to beassigned to Track 4, the AdministrativeJudge must approve the assignmentprior to the case being removed from thedocket. Counsel will receive a phone callverifying that the case has been scheduledand the hearing waived.

CURRENT UPDATE

REMINDER: Please be aware that aPretrial Hearing may be rescheduledONCE by joint line for the purposes offinalizing a plea agreement. Pleaseclear a new Pretrial Hearing date aswell as any Resolution Conference datewith the Assignment Office. PretrialHearings may not be rescheduled byline beyond the Motions date.

A plea judge is assigned by the auto-mated system upon the filing of indict-ments and informations. Under therevised Criminal DCM Plan, plea agree-ments in Track 2, 3 and 4 may be accept-ed by any “plea active” judge in the crim-

A BALANCING ACTThis is the part of the newsletter that is here to help you de-stress andlead a more balanced life. Each month, our newsletter will give you atip that you might implement.

Stress caused by constant interruptions is well known for most lawyers. Thestress comes from not getting what you planned or needed to do completed that dayor week. How many times does your day get interrupted by something unexpected?If this happens often, carve out time for interruptions when preparing each day’splan. Don’t fill every hour of your day with specific tasks. Leave room for theunknown or unexpected. For example: The new client that needs help immediate-ly; dealing with the latest surprise demand from opposing counsel; or even the com-puter crashing. If you plan for interruptions and the unexpected happens, and youdon’t get all your work done you don’t feel as bad that it happened when you haveleft room.

If you get through the day without interruptions, you can use the time set asidefor the unexpected to accomplish another task. Or you could go home earlier andenjoy some evening or possibly afternoon time. You will have made a good dayeven better. This can both reduce your stress and increase life work balance.

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.

There have been several requests toexcuse defendants from the Track 2, 3and 4 Pretrial Hearings. Given this maybe the last opportunity for a plea offer tobe conveyed and accepted under the openplea policy, please be advised that alldefendants are required to attend theirscheduled Pretrial Hearing. Timelyextension of plea offers and timely con-veyance of these offers to defendants bycounsel are essential to the prompt reso-lution of cases. Where a plea agreementhas been reached and a plea memoran-dum filed with a scheduled date for thetaking of the plea, the Pretrial Hearingwill be removed from the calendar.

(Continued from page 3)

(Continued on following page)

CURRENT UPDATE

witnesses. The deadline for designation ofPlaintiff’s and Defendant’s counter-experts will be within 30 days after the fil-ing of a countercomplaint.

Track 4 assignment is reserved forcases with a trial time of 4 days or more orinvolving intensive motions. Cases will bescreened at the Scheduling Hearing inTrack 3 and 4 cases to ensure proper Trackassignment.

Trial dates are scheduled at theScheduling Hearing in all Track 4 cases.

Early use of ADR is stronglyencouraged.

The deadline for the filing ofMotions for Alternative Service inTracks 2, 3 and 4 has been set for 120days after the case has been filed. Thisdeadline will be emphasized at theScheduling Conferences and is intendedto ensure diligence in obtaining service.

While disclosure of the area ofexpertise is expected, some flexibility willbe applied as to the specific opinion of theexpert. Plaintiff’s counsel and servedDefendant’s counsel must attend. If noDefendant has been served, a secondScheduling Conference will be scheduledwithin 30 days. Please see the Motion forAlternative Service filing deadline above.

Defendants with late service and 3rdparty Defendants identified late in the dis-covery process may be severed and triedseparately.

The new Civil Track 3 SettlementConferences/Pretrial Hearings. Settle -ment Conferences conducted by aretired judge are scheduled only forcases filed on or after July 1, 2010; thesewill begin next spring, at which point par-ties and individuals with authority to settlemust be present for cases that have notbeen resolved. Parties whose cases do notreach a settlement at the Settlement

inal/general rotation or a judge who isavailable via a Resolution Conference upto the Pretrial date, or by the administra-tive judge on the Pretrial Hearing date,which may be continued once for the pur-poses of reaching a plea agreement.

To prevent a disproportionate case-load of plea agreements among judges,judges with a disproportionate number ofpleas will be inactivated for new pleaagreements other than those cases inwhich they are the assigned plea judgeuntil the caseload balances among thejudges in the assignment. Every Monday,the Assignment Office posts the list ofjudges who are “plea active”. Writtenplea offers extended during the referencedweek may reserve any of the judges whoare active that week for a plea agreement(the date of the written plea offer beingextended being memorialized in the pleamemorandum filed with the court); oraloffers may make use only of the pleajudges who are active at the time theagreement is finalized.

Once the Pretrial Hearing has beenheld and the trial and motions datesconfirmed, the only judge available forthe taking of a plea is the assigned plea

judge. On the trial date, the defendantmay plead guilty before the trial judgeonly with consent of the assigned pleajudge. The sentencing date will be setbefore the plea judge.

Where a plea agreement is reachedwith an eligible (plea-active) judge otherthan the assigned plea judge, but thatjudge’s calendar prevents the taking of theplea prior to the Pretrial date, a memoran-dum detailing the plea agreement must befiled prior to or at the Pretrial Hearing topreserve the availability of that judge.

Trial dates will not be removed ormoved (except by the AdministrativeJudge) until the completion of the hearingin which the plea agreement is executed.

Please find revised DCMInformation Sheets to be completedand filed by BOTH the State anddefense counsel, as well as adownloadable Consent Order inLieu of a Scheduling Hearing. www.montgomerycountymd.gov/circuitcourtDCM

CIVIL CASELOAD Scheduling Hearings for Track 3 and

4 civil cases under the revised DCM planare now being held. As always, attendanceat the Scheduling Hearing is mandatory,even when no Defendant has been served.Failure to appear at the Scheduling hear-ing may result in dismissal of the com-plaint.

As a reminder, the disclosure ofPlaintiff’s Experts now coincides withScheduling Hearing in Track 3 and 4cases. Intended to prompt early discov-ery, the disclosure deadline removes aperiod that was typically dormant for dis-covery purposes; these 60 days are redis-tributed to the time allowed for discoveryand to widen the window for trial dates.This deadline does not apply to rebuttal


(Continued from preceding page)

HEADING


Conference will proceed to theAdministrative Judge for a PretrialHearing in order for a trial date to be setand other pending issues resolved. TheSettlement Conference/Pretrial Hearingswill be scheduled on Thursday afternoons.

For cases filed prior to July 1, 2010,having parties and individuals with theauthority present or available by tele-phone would facilitate settlement discus-sions that may occur; however, no sepa-rate Settlement Conference will be con-ducted by a retired judge.

Thank you again for your patienceduring the transition period during whichcases filed under the previous DCM Planwork their way to resolution. Events inthese cases will be held as previouslyscheduled, which means that, for severalmonths, we will see both old and newDCM hearings. We appreciate your sup-port throughout this process and look for-ward to continuing to receive feedback aswe continue implementing these changes.

We have continued to schedule brief-ing sessions on the revised DCM plans;please note the Bar’s listserve announce-ments for the time and location of thesesessions. Please find also the DCM plans

CURRENT UPDATE

on the Circuit Court’s DCM webpage:www.montgomerycountymd.gov/circuitcourtDCM,including samples of scheduling ordersand notices.

Our Juvenile DCM initiative hasbegun, as well as a review of the Adoptioncaseload and its procedures. Please contactSuzanne at 240-777-9358 or by email:[email protected] with any ques-tions or feedback you may have regardingthe procedures for adoption, juvenile delin-quency and dependency matters, as well ascriminal and civil DCM procedures.

John W. Debelius, Administrative Judge for Montgomery County, Maryland

THE LAWYERS’ LITERARYCIRCLE

The following are the books that ourgroup has selected to be discussed at futuremeetings: Wednesday, November 10th –The Given Day, by Dennis Lehane. BobDean, one of our founding members, willbe here in Rockville for this meeting, com-ing all the way from Ramallah, on the WestBank in Palestine, to see us; December – AChristmas Memory (or other ChristmasStories), by Truman Capote; January,

2011 – A Passage to India, by E. M.Forster. You should know that this selec-tion is an acclaimed novel set against thebackdrop of the British Raj and the Indianindependence movement in the 1920’s;February, 2011 - Steve Selzer’s new book,Meet the Real Joe Black, Mr. Black being abaseball pioneer, and the first black pitcherto win a World Series game; March, 2011– Najal’s Saga. It has been said that thisbook is a lawyer’s “must read” saga - a fas-cinating epic saga of old age Icelandic soci-ety and the ancient rule of law; and, April,2011 – Dangerous Liaisons (Les Liaisonsdangereuses), by Pierre Choderlos deLaclos. This book deals with the deca-dence of the French aristocracy shortlybefore the French Revolution.

With some rare exceptions, all of ourmeetings are held in the offices of Miles& Stockbridge P.C., 11 North WashingtonStreet, Suite 700, Rockville, Maryland20850, and begin at 4:30 in the afternoon.If any of you would like to join our groupall you need to do is to telephone or emailme, or just show-up for any of our meet-ings – you are all welcome to attend, andsnacks are always served.

Jim Demma, (301) 762-1600

HEADING


I recently gave a tech presentation tothe Montgomery County Circuit CourtJudges. When I was approached with theoffer, I racked my brain for the most inter-esting and timely tech idea. I thought ofpresenting on the iPad and the variousapps that can be used in the office, or incourt. I thought of presenting on the bestprograms to use to create a paperlessoffice. But, all that was minimal. I neededto address the bigger picture. I needed tofocus on something that is quickly spread-ing in the legal industry: cloud computing.

For those of you who aren’t hip on thetech lingo, cloud computing refers to theshared resources and information that areavailable to any computer via the Internet,i.e. available from the proverbial “cloud.”

I talked about a number of programs,including Skype and Gchat video confer-encing, Yuuguu screen sharing and remotedesktop control of an office computer. Oneof my favorite new programs which Ispoke of, and the topic of this month’s col-umn, is BaseCampHQ. Basecamp is a par-ticularly effective online service providedto attorneys allowing greater, faster andeasier communication with clients andother permitted collaborators on a givenattorney-client matter.

For several months I have successful-ly used Basecamp in my law office. Weroutinely take in very large school recordsin our special education and general schoollaw practice. Basecamp allows for the easymanipulation, storage and analysis of mas-sive record dumps; something manylawyers are well aware is often a very dif-ficult and expensive undertaking.

Basecamp is one of the more notableofferings from 37Signals. Simply put, theonline software service provides permittedusers with the ability to gain immediate,always-on access to client files and docu-mentation, including e-mail messages,photographs, video and audio recordings,PDF files, correspondence, calendaredevents, task lists and much more.

It really is remarkable what a differ-ence it makes to many clients when theyare permitted access to their files as andwhen they see fit. Not only does the pro-gram benefit in the collaboration betweencounsel, staff and client, but it also hasbeen a real time saver if used to the degreenecessary to fully populate each client’sonline “Project.”

Every important document or pleadingcan be uploaded online to a client’s“Project,” where it will be visible to anyone

who has been given special privileges toview the files. Clients are able to accesstheir case documents at any time. This maybe very helpful for clients who are unable tocall in the office during regular businesshours. Often times, client questions can beanswered online, by review of one’s file.

Some of you readers may be question-ing the security of such a service. Believeme, I had questions as well. But fortunate-ly, NSA experts have approved the soft-ware. So there is no fear of security breachthrough the online depository of sensitiveclient material because of the encryption

I suggest, however, that if you try thisproduct, to put one person in charge ofuploading all documents. And then, afteryou have had time to work with the pro-gram, configure access so that others mayalso upload and edit documents in theonline system.

I will warn you, be careful not toallow open access to clients or other usersto any files other than their own (some-thing you could do when granting usersaccess to particular cases). This is the onesecurity flaw in the program. Only anadministrator, well-versed in the program,should have the privilege of grantingaccess to users.

There is no necessity that you hire orengage in any technical expertise or con-sultant to use this software service; nor, ofcourse, is there any need to pay for patch-es and upgrades to the software as inMicrosoft model. However, if you not themost tech-savvy the tech support represen-tatives are highly responsive, very timelyand extremely helpful.

Once you get the hang of the system itis an easy matter to train staff to handle theclerical function of uploading files to theBasecamp website, or what I like to refer

TECH TALK ... by Pat Hoover

to as your private law practice extra-net.The program really has brought a greatdeal of the bricks and mortar services of alaw office online. It even incorporates adecent timekeeping function, and identi-fies the respective timekeeper.

Another useful feature is that you canset it up to be as fully functional vs. mini-mally functional as you choose on any oneof your client projects. You may also cus-tomize your extra-net through this serviceby incorporating your law firm logo orother branding identification marker.

Many clients absolutely love brows-ing their encrypted highly secure and pri-vate, attorney-client website. Basecamphas been quite a time saver for us in theoffice. It’s a simple way our clients canreview their files, including all records,correspondence and e-mail messages.

Basecamp offers a 30-day free trial.After the first month the cost of the serviceranges from $24 to $149 per month,depending on the number of users and thenumber of individual projects or clientsfiles that are stored and accessible onlinethrough the service. For more information:http//:www.basecamphq.com.

TECHNOLOGYCOMMITTEE MEETINGDATES FOR 2010-2010

November 2, 2010 February 1, 2011December 7, 2010 March 1, 2011January 4, 2011 April 5, 2011

May 3, 2011All meetings will be held on the 1st

Tuesday of the month at 5:30 p.m. at a loca-tion to be announced through the listserve.

Sebastian Forgues, Co-ChairBehzad Gohari, Co-Chair

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

MARYLAND LAW ON

INADVERTENT

DISCLOSURE OF

PRIVILEGED OR

CONFIDENTIAL MATERIAL

In the modern era of e-mail, personal dig-ital assistants (“PDAs”) and electronic discov-ery, the issue of inadvertent disclosure of con-fidential material has and will continue toarise with increasing frequency. Recently, theoccurrence of attorneys sending emails thatthey did not intend to send or including attach-ments or “strings” inadvertently has becomealmost rampant. This undoubtedly is relatedto the rise of the use of e-mail and hand-helddevices, where instantaneous responses arenot only possible, but expected. The formali-ty and deliberation necessary in the “old” wayof typing a letter, printing it out, makingcopies, etc., has been left by the wayside.“Thinking” time is a thing of the past.

It is all too easy to react to an e-mail onthe spur of the moment, even while perhapsdriving a car (which is illegal in Md.) or multi-tasking in some other absurd fashion. A highlyrecommended compromise may be to type outyour letter, scan it as an attachment and thenemail it. In the interim, you can send a replyemail stating that you have received the emailand are going to respond upon deliberation andreview of the file. This preserves some formal-ity as well as providing a “cooling-off period”to let the issue process a bit while still being intune with the fast-paced digital age. The lastthing you want is your own communicationbeing used against you or your client, especial-ly one where you may have substituted, inabbreviated e-mail speak, certain letters of thealphabet as words. Perhaps more alarmingly, ata recent summit, it was the general consensusof major technology executives and StateDepartment officials that if you intend any-thing to be completely confidential, to not putit on a computer system connected to the webor a wireless network.

A glaring example of this is the recentcyber-attack by China on Google’s server. Ifthey can tap into Google (aka “God”), theycan probably access your law office system. Itis well known that no encryption system orfire-wall is perfect or impermeable. For exam-ple, it is illegal for an incription software to becapable of overcoming the NSA’s de-incrip-tion software programs. Also, did you knowthat any e-mail that goes out of the country isshared with the NSA?

You might not even realize that an emailyou send to a client in Rockville may be con-sidered an “overseas” communication. Forexample, if you use a Blackberry, all your e-mails sent are relayed through the Blackberry

servers in Canada. This means that all yourBlackberry e-mails are basically bcc’d to thegovernment. Many believe the fact thatBlackberry’s server happens to be in Canada,is not coincidental. The same goes for anyattorney who uses a “virtual paralegal” servicelocated in India or elsewhere “overseas.” Tomake this common practice even more fright-ening, recent federal case law has held thatNSA may share such emails with other gov-ernmental agencies. So, that detailed taxmemorandum of law you may have preparedfor your client (with the assistance of your“paralegal” in Mumbai) might as well havebeen cc’d to the IRS.

This article will focus more specificallyin the area of inadvertently disclosed items viaelectronic mail and e-discovery. For thoseattorneys who practice in multiple jurisdic-tion, note that the answer will be different indifferent jurisdictions with drastically varyingdegrees of clarity as to the law. For example,the District of Columbia has a very specificbinding Bar Opinion which quite clearly stateswhat the law is in this area. For the D.C.Legal/Ethical analysis you may look at (i)D.C. Bar Opinion 341 (Review and Use ofMetadata in Electronic Discovery) and (ii)D.C. Bar Opinion 256 (Inadvertent Disclosureof Privileged Material to Opposing Counsel).

Maryland Case Law

In Koch v. Specialized Care Services,Inc., 437 F.Supp.2d 362, (D.Md.,2005), thecourt was asked to determine whether inad-vertently disclosed communications that wereattached as an exhibit to a motion for summa-ry judgment resulted in waiver of any attor-ney-client privilege. The court outlined threepossible methods for analyzing situations likethis. Id. at 388.

The first approach, known as the “strict”approach, holds that once a privileged docu-ment is inadvertently disclosed, the privilegeis lost. Koch at 388, (citing In re Grand JuryInvestigation, 142 F.R.D. 276, 278(M.D.N.C.1992)). The second approachholds that inadvertent disclosure, as to thelawyer’s error, never waives the privilege.Koch at 388, (citing, Mendenhall v. Barber-Greene Co., 531 F.Supp. 951, 954-55(N.D.Ill.1982)). The last approach looks ateach case and applies a balancing test to deter-mine whether the privilege has been waived(these factors are set forth anon). Koch at 388,(citing McCafferty's, Inc., v. Bank of GlenBurnie, 179 F.R.D. 163, 168-169(D.Md.1998); In re Grand Jury Investigation,142 F.R.D. 276, 278 (M.D.N.C.1992)).

The court in Koch concluded thatMaryland follows the third approach. Id.Specifically, the court pointed to Elkton CareCenter Associates Limited Partnership v.

Quality Care Management, Inc., 145 Md.App.532, 805 A.2d 1177 (2002), in reaching thatconclusion. Elkton Care held that the balanc-ing test was consistent with prior Marylandprecedent. Elkton Care at 805. Elkton Care isthe controlling final word on the issue at thispoint in time.

Koch went on to list the factors it wouldconsider in reaching a conclusion: “The rea-sonableness of the precautions taken to pre-vent inadvertent disclosure; the number ofinadvertent disclosures; the extent of the dis-closure; any delay in measures taken to recti-fy the disclosure; and the overriding interestsin justice.” Koch at 389, (citing Elkton CareCtr. Assocs. Ltd. P'ship. v. Quality CareMgmt., Inc., 145 Md.App. 532, 545, 805 A.2d1177, 1184 (2002)). The court stated that theprecautions taken were not reasonable,because, even though the inadvertently dis-closed document was stamped “Privileged &Confidential – Attorney Work Product,” theattorneys did not review the document care-fully when it was attached as an exhibit to themotion. Id. Furthermore, the disclosure wasconsiderable, given that it became part of thepublic record, which distinguished the casefrom other cases in which inadvertent disclo-sure was made privately in response to a dis-covery request. Id.

Nonetheless, the court held that the privi-lege was not waived. Id. First, the documentwas not significant numerically, in that it wasonly four pages out of thousands of documentsproduced during discovery. Id. Second, therewas no unreasonable delay in the attempt torectify the inadvertent disclosure. Id. Finally,since the plaintiff had not relied on the docu-ment, the interest of justice would be served byholding that there was no waiver. Id. As to thislast factor, the court pointed to F.C. Cycles Int'l,Inc. v. Fila Sport, S.p.A., 184 F.R.D. 64, 78(D.Md.1998), which held that "[w]hether fun-damental fairness weighs for or against waiverlargely depends on the extent of the reliance theparty has made on the document, in its case."

Ethics Opinions

It does not appear that the Maryland BarAssociation has published an opinion specifi-cally on this issue. However, the Associationhas published an opinion on a related issue:disclosure of privileged or confidential docu-ments from an unidentified source, withoutthe solicitation for the documents by thereceiving attorney. In Maryland Bar Ass'n,Op. 89-53 (1989), the Association opined thatwhen such documents are received, the receiv-ing attorney has no obligation to reveal thematter to the other side or the court.

The ABA, on the other hand, formerlypublished on this issue in their Formal Op. 92-

LEGAL ETHICS



LEGAL ETHICS


368, titled Inadvertent Disclosure ofConfidential Materials (November 10, 1992) –which was later withdrawn, as I will discuss.Although I did not have access to this Opinion,a summary of ABA Formal Op. 92-368 wascontained in ABA Formal Op. 94-382 (ABAFormal Op. 94-382 dealt with the same ques-tion that the Maryland Bar Associationaddressed above).

According to ABA Formal Op. 94-382,the ABA Standing Committee in ABA FormalOp. 92-368 held “that a lawyer receiving suchmaterials had a professional responsibility,upon realizing the error, to avoid reviewingsuch materials further, to notify sending coun-sel if he is unaware of the error, and to followsending counsel's directions as to the handlingand disposition of such confidential materials.”(ABA Formal Op. 94-382)

Nevertheless, the ABA considered thechanges made to the Model Rule ofProfessional Conduct 4.4(b) and its commentsin relation to its earlier Formal Opinion 94-382. The Committee then withdrew Opinions92-368 and 94-382, respectively. The reasonsfor the withdrawal of the Opinions were thesame. Under the old Opinions, a lawyer whoreceived an inadvertent electronic disclosurewas bound by several duties as noted before,including refraining from using the materialsuntil a definitive resolution was reached incourt. These duties were both influenced byprincipals involving: the protection of confi-dentiality, inviolability of the attorney-clientprivilege, the law governing bailments andmisspent property, and general considerationsof common sense, reciprocity, and profession-al courtesy. (See “ABA’s Withdrawal ofFormal Opinion 94-382, dated May 13, 2006).

Yet the Committee noted that these con-siderations are beyond the scope of the Rulesas expressly noted in Rule 4.4(b). Id. Indeed,as noted in Formal Opinion 05-437, Rule4.4(b) requires only that a lawyer who receiveda document relating to the representation of thelawyer’s client and who knows or reasonablyshould know that the document was inadver-tently sent shall promptly notify the sender.Thus, it is important to point out that the Ruledoes not require one from refraining fromreviewing the materials or abiding by instruc-tions of the sender. Id

Moreover, the Maryland Rules ofProfessional Conduct addressed this issueunder its own numbered Rule 4.4(b) as well.The identically numbered rule states in partthat “[t]he lawyer who receives informationthat is protected from disclosure shall (1) ter-minate the communication immediately and(2) give notice of the disclosure to any tribunalin which the matter is pending and to the per-son entitled to enforce the protection against

disclosure.” See Maryland Rules ofProfessional Conduct, Rule 4.4(b). Although,it should be noted that this Maryland Rule, perits comments, “substantially retains Marylandlanguage as amended November 1, 2001 anddoes not adopt Ethics 2000 Amendments to theABA Model Rules of Professional Conduct.

Conclusion

As the decision in Koch reveals,Maryland follows a balancing approach on theissue of inadvertent disclosure of privileged orconfidential documents. The factors courtsconsider are: “the reasonableness of the pre-cautions taken to prevent inadvertent disclo-sure; the number of inadvertent disclosures;the extent of the disclosure; any delay in meas-ures taken to rectify the disclosure; and theoverriding interests in justice.” Koch at 389.Although I was unable to find any cases relat-

ing to inadvertent electronic disclosure viaelectronic means, the same reasoning wouldpresumably apply. Attorneys should also takenote of the withdrawn Opinions noted aboveand Rule 4.4(b) under both the Maryland andModel Rules of Professional Conduct withregard to inadvertent disclosures.

Finally, practitioners may also want togive consideration to entering into a “claw-back agreement” at the onset of litigation as atool for rectifying such situations. A claw-back agreement is an agreement between theparties in which it is agreed that certain confi-dential information that is unintentionally dis-closed during the course of litigation bereturned to the producing party and not usedthereafter.

A.P. Pishevar, Committee Member Jeffrey M. Axelson, Esq., Co-ChairSamuel M. Shapiro, Esq., Co-Chair

If you are interested in joining the Lawyer Referral Service Panel,

please contact Maria at

301-424-7040 or [email protected]


Harry W. Goldberg

May 14, 1917 – September 4, 2010It is with deep sadness that I report

the passing of my father and law partnerof 22 years, Harry W. Goldberg who, asof the date of his death on September 4,2010, remained actively engaged in thepractice of law since 1938.

Though his general practice encom-passed all areas of civil law, early on hedeveloped a specialty in personal injurylaw, which permitted him to do what heloved most – trial work. In a courtroom,cross examining a witness or deliveringan impassioned closing to the jury, mydad was in his element and at his best.For him, this is what the practice of lawwas all about. In one notable case, herepresented a nine year old boy who sus-tained burns over most of his body from aflare which was found on the premises ofan abandoned building owned by theNational Bank of Washington. Thoughthe trial judge granted summary judg-ment, the United States Court of Appealsheld that jury questions existed and sentthe case back to the United States DistrictCourt. Those who were there said thatmy father’s opening statement was somoving, that much of the courtroomincluding the jury was in tears. It was atthis point that the defendant, for the firsttime, approached my father about settle-ment. In approving the settlement for theminor, the compassionate Judge Holtzoff,who had been the one who granted sum-mary judgment, told my father “You gottoo much!” For his work on that case inadvancing the law of attractive nuisancein the District of Columbia, he wasnamed Plaintiff Trial Lawyer of the Yearby the Association of Plaintiff TrialLawyers of Metropolitan Washington.There were other precedent setting cases,those that appeared in the WashingtonPost, and many others which I was fortu-nate enough to practice with him duringthe past twenty two years. I was presentwhen a Superior Court Judge told himthat my father had given the best closingargument he had ever heard. A few yearsago, at the conclusion of closing argu-ments in a United States District Courttrial in Baltimore, the federal Judge saidto my father, then in his 80s: “You havethe most remarkable command of thefacts, the evidence, and the law, and Imust say you are remarkable. It’s been apleasure to have you here.” But what I

found most remarkable in practicing lawwith my father, and being in the officewith him every day, was not just beingexposed to his brilliant command of thecourtroom, speaking or writing skills, butobserving and experiencing his warm andengaging personality that had an impacton everyone he met or spoke with, nomatter how brief the exposure in theoffice, in the lobby or on the street. Iwould never let a client leave my officewithout introducing them to my father.After just a minute or two meeting on theway out the door, the client was hooked,and would always subsequently ask abouthim.

Harry was a native Washingtonianwho grew up in Southwest DC where hisfather operated a small grocery store anddelivered bread from a horse drawnwagon on which my father would oftenaccompany him. He was a 1934 graduateof Eastern High School and a superiorstudent, going straight from high schoolto law school at National Law School,now part of George WashingtonUniversity. He worked in a grocery storesix and half days a week, and attendedlaw school at night. Graduating law

school at the age of twenty in 1937, hewas not yet old enough to take the barexam and returned for his LLM. Heopened his law office in 1938, working inthe D.C. Health Department during theday and practicing as what he called a“sundowner” lawyer in the evening.During World War II, attorney Goldbergbecame Staff Sergeant Goldberg until hereturned to full time private practice inthe Investment Building in downtownWashington, before ultimately movinghis office to Chevy Chase, Maryland inthe 1970s. Harry was a member of thisbar association, the Maryland State BarAssociation, the District of ColumbiaBar, the Trial Lawyers Association ofMetropolitan Washington, and SupremeCourt of the United States. His survivorsinclude five children, Sheldon Goldbergof Prince Frederick, Md., Joel Goldbergof Rockville, Lisa Garrett of Plantation,Fla., and Paul Goldberg and JonathanGoldberg, both of Potomac, a sister, BettyDuncan of Olney; two brothers, LeopoldGoldberg of Silver Spring and SamuelGoldberg of New Port Richey, Fla,; and17 grandchildren.

Jonathan J. Goldberg

IN MEMORIAM ...


LEADERSHIP MONTGOMERY CLASS OF 2011

The Leadership Montgomery Class of '11 is a nine-month program for current andemerging leaders. Leadership Montgomery’s mission is to engage a diverse group of lead-ers through programs and membership activities. This is the 22nd Core Class. LeadershipMontgomery has over 1,600 graduates from its Core, Youth, Senior and Executive pro-grams.

Class participants include, left to right, Michael D. Citren, President, ACECO, LLC;Michael S. Gottlieb, Partner, Apatoff/Peters/Ebersohl, LLC; Vanessa E. Atterbeary,Corporate Counsel, KRA Corporation; Suzanne Simpson, Attorney/Owner, Simpson Law,PA; Stacy P. Silber, Partner, Holland & Knight LLP; Devin J. Doolan, Jr., Attorney, SaulEwing, LLP; and Stuart A. Schwager, Partner, Lerch, Early & Brewer, Chtd.

HEADINGNEW PRACTITIONER SECTION


NEW PRACTITIONERSECTION MEETING DATESFOR FISCAL YEAR 2010-2011

November 10, 2010 January 12, 2011December 8, 2010 February 9, 2011

April 13, 2011All meetings will be held on the 2nd

Wednesday of the month at 6:00 p.m. in theCLE Classroom of the Bar Associationbuilding at 27 West Jefferson St., Rockville,MD 20850, unless otherwise noted.

~Our October New Practitioner

Section meeting was a huge success!Thank you to all who attended, and espe-cially to our program’s panel speakers:Robert Weinberg, Erik Arena, AnneGrover, and Julie Christopher. We hopethat their entertaining and informativepresentation about the Nuts & Bolts ofFamily Law was both thought-provokingand useful for our section members.

On Wednesday, November 10, 2010,from 5:30 – 8:30 p.m. at Austin Grill inthe Rockville Town Center, we will be

hosting our second Happy Hour of theyear. We will have food and drink specialsall evening, and we hope you will join us.

Starting at 5:30 p.m., the event willbe a mixer for all Mentor/Mentee pairingsof the Montgomery County BarAssociation. We hope that all Mentors andMentees can join us for this great opportu-nity to connect with your mentor or menteein an informal setting. If you wish to be amentor, or you are a potential mentee look-ing for a mentor, we encourage you tocome to this event so we can get you pairedup. Starting at 6:30 p.m., we’ll welcomeall members of the Bar to join us!

For more information, please refer toour full-page flier located in theNewsletter.

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

CHAMBER CHAT

Our November Chamber Chat,“Wisdom from 16 Years on the Bench,”

will take place on Thursday, November18, 2010, at 12:30 p.m., hosted by theHonorable Durke G. Thompson. Hehas been a member of the Circuit Courtbench since June 1994, second only inseniority to Judge Mason, who was seat-ed on the bench just three months earlier(but who’s counting?). Judge Thompsonwill answer questions, offer advice, andprovide attendees with his own list of“dos and don’ts” compiled over his manyyears as a Judge. (If asked, he may alsooffer his thoughts on the 2010-2011Maryland Terrapin basketball campaign.)Bring your lunch, and bring your ques-tions for Judge Thompson. No R.S.V.P. isrequired, and please note that everyChambers Chat is open to all membersof the Bar, not just the New PractitionerSection. Judge Thompson’s chambers islocated in the Circuit Court Building at50 Maryland Avenue, ninth floor, Room910. If you have any questions, pleasecontact Jeremy Rachlin, Chambers ChatCommittee Chair, at (301) 656-8850 [email protected].

MENTOR/MENTEECOMMITTEE

The Bar Association is seeking men-tors in all practice areas. We encouragepractitioners who have been in practice forfive (5) or more years to take an active rolein this program and offer to volunteer toserve as a mentor for a new attorney. Thisa mutually rewarding program and wewould like to see the program grow. Ifyou have any questions regarding this pro-gram, please do not hesitate to contactChris Roberts at [email protected] 301-340-9090.

Andrew L. Schwartz, Co-ChairAlison C. (Casey) Weinberg, Co-Chair

DAVID HARRISON, INC.APPRAISALS

MD REAL PROPERTY APPRAISALS - $300.00MD PERSONAL PROPERTY APPRAISALS - $300.00

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

301-258-9317 www.marylandappraiser.com

HEADING


ALTERNATIVE DISPUTERESOLUTION SECTIONMEETING DATES

November 10, 2010 March 9, 2011December 8, 2010 April 13, 2011January 12, 2011 May 11, 2011February 9, 2011 June 8, 2011

All meetings will be held on the 2ndWednesday of the month at 8:00 a.m. atthe First Watch, located at 100 Gibbs St.,Unit D, Rockville, MD.

The ADR Section’s next meeting willbe at 8 a.m. on Wednesday, November10. Please note that we have changedlocations for our section meetings. Weare now meeting at First Watch, locatedat 100 Gibbs Street, Unit D, Rockville,Maryland 20850 (right in RockvilleTown Square). Please come join us todiscuss upcoming projects and ideas forjoint presentations with other sections.

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

BUSINESS LAW SECTION

The following is a schedule of meet-ing dates for the BAMC Business LawSection for the upcoming bar year: November 9, 2010 (Monthly meeting)December, 2010 (No meeting)January 11, 2011 (Monthly meeting)February 8, 2011 (Monthly meeting)March 8, 2011 (Spring CLE program)April/ May, 2011 (Law Day program)May 17, 2011 (Monthly meeting).

Monthly meetings will begin at 6pm, and CLEs will begin at 5:30 pm. Thelocation of each meeting will beannounced in the newsletter precedingthat month's meeting.

We would like to extend a sincerethank you to the speakers at our Fall CLEprogram, Michael Greenberg, Esquire(Greenberg and Lieberman, LLC) andKarl Means, Esquire (Shulman Rogers)

who presented an excellent program onthe basics of patent, trademark and copy-right law.

Please join us for our next monthlymeeting on November 9, 2010, from6:00 pm to 7:00 pm, at Bregman, Berbert,Schwartz & Gilday, LLC, 7315Wisconsin Avenue, Suite 800W,Bethesda, Maryland 20814. Our veryown Seth Kramer, Esquire will presentA Square Peg into a Round Hole:When Using Delaware’s StatutoryFlexibility Can Provide an OptimalStandard for LLC Member FiduciaryDuties. An LLC is at its most fundamen-tal level a contract between two parties.Yet, many practitioners continue to draftfiduciary duty clauses tied to corporatecommon law principles and statutorydefault rules. Conversely, Delaware’sLLC Act and courts consistently enforcethe contractual modification and elimina-tion of such provisions. This programwill illustrate when and how to takeadvantage of Delaware’s permissive par-adigm and the potential for Marylandcourts to enforce such clauses.

We look forward to seeing you inNovember.

Demetrios Datch, Co-ChairJames M. Peppe, Co-Chair

CIRCUIT COURT BENCHBAR COMMITTEE

The meeting dates for the year are:November 3, 2010 March 2, 2011December 1, 2010 April 6, 2011January 5, 2011 May 4, 2011February 2, 2011 June 1, 2011

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

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

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

Maryland’s Unclaimed Property:In order to retrieve previously held reg-istry funds from Maryland’s UnclaimedProperty, the parties to the case shouldfile a motion requesting the Clerk toretrieve the funds from UnclaimedProperty. The motion should also requestthat upon receipt of the funds back intothe court registry they be disbursed to theparty that is entitled to the funds. Theorder should include the following lan-guage:

“The principal balance of fundsdeposited in the registry of theCourt, plus accrued interest andminus administrative costs, shall bepromptly released to______________________, andmailed to (if applicable)____________.

The Clerk reminds everyone that sheis available to hear any concerns or sug-gestions you may have. Phone: 240-777-9464; email: [email protected].

If you have any concerns to bringto the Committee’s attention, pleasefeel free to contact any Committeemember or David C. Merkin at (301)309-2525 or [email protected];or Mimi L. Magyar at (301)347-1260,[email protected].

Mimi L. Magyar, Co-ChairDavid C. Merkin, Co-Chair

COMMERCIAL LITIGATIONSECTION

The Commercial Litigation Sectionwill sponsor an exciting fall CLE seminaron Monday, November 15, 2010, from5:00 - 7:00 p.m., at the BarBuilding/CLE Room: Witness Prepa -ration: The Good, the Bad, and the Ugly.In what will be a very informative anduseful seminar, the Honorable WilliamConnelly, Magistrate Judge of theUnited States District Court for theDistrict of Maryland and theHonorable Ronald B. Rubin, AssociateJudge of the Circuit Court forMontgomery County, Maryland willdiscuss ethical and evidentiary issuesarising from witness preparation, includ-ing the preparation of expert witnesses

COMMITTEES & SECTIONS


A comprehensive approach to DWI/DUI

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and fact witnesses, as well as clients andnon-clients. The discussion will touch onmany issues, including the distinctionsbetween appropriate witness preparationand sanctionable witness coaching(including a discussion of the issues pre-sented by Ibarra v. Baker, 2009 WL2244659 (5th Cir. July 28, 2009)); the useof documents during witness preparationand the protections of the work productdoctrine and attorney-client privilege andthe possible waiver of those protections;and the rules regarding communicationswith a deponent once the deposition hasbegun. You may pre-register with the Baror register at the door that evening.

The next breakfast meeting of theCommercial Litigation Section will beTuesday, December 21, 2010, from 8:00- 9:00 a.m., at Lerch, Early & Brewer,3 Bethesda Metro Center, Suite 460,Bethesda. Please RSVP to BeckyMadison at (301) 657-0726, or [email protected]. Our guest speakerwill be Court of Appeals Judge MaryEllen Barbera.

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

CRIMINAL LAW SECTION

November 17, 2010December 7, 2010

All meetings will take place at 5:15in the conference room at BarHeadquarters, 27 West Jefferson Street, inRockville.

Join us on Wednesday, November17 at 5:15 pm for the latest analysis ofthe new Differentiated Case ManagementSystem which has been instituted in theCircuit Court. Suzanne Schneider, of theCircuit Court for Montgomery Countywill be presenting information aboutDCM and will entertain your questions atthe meeting. Light refreshments will be

served. We look forward to seeing youthere.

Marc R. Emden, Co-ChairJessica L. Zarrella, Co-Chair

DISTRICT COURT BENCHBAR COMMITTEE

November 4, 2010 March 3, 2011December 2, 2010 April 7, 2011January 6, 2011 May 5, 2011February 3, 2011

All meetings will be held on the 1stThursday of the month at 8:00 a.m. in theJudge’s Chambers on the 4th floor of theDistrict Court building.

The District Court Bench BarCommittee had its October meeting onOctober 7, 2010. The Bar should beaware of the following:

Criminal and Traffic1. The violations of parole and sen-

tencing that had been scheduled in court-room 203 in Rockville on Mondays withthe civil motions, will eventually be takenoff that docket and moved to a criminaldocket. The traffic docket is also beingtaken off of the Monday morning docketin Silver Spring.

2. Court costs for traffic will beincreased, effective for citations issuedafter October 1. The new fees for payableoffenses will be $33.00, and the new feesfor jailable offenses will be $30.00. Thesurcharge of $7.50 will still apply.

3. The weekend community serviceprogram under the direction of theDepartment of Corrections reported lastmonth, is still on hold.

Civil Matters1. Attorneys are requested to appear

at the initial call of the docket on time, forsmall claim and large claim cases. Thecourt room should be unlocked at 8:30,and the cases called by 8:45. Cases thatare ready for trial can be sent out tojudges by 9:00 AM. Therefore, the court

needs attorneys to be in the courtroom toanswer the docket on time.

2. The court is issuing an order incases where there are requests for attor-ney’s fees. The order will require thatattorneys submit affidavits, in order tosubstantiate the claim for attorney’s fees,per the ruling in the Monmouth Meadowscase that was cited last month.

3. There are two clerks retiring incivil and one transferring. The court isattempting to fill these positions which isnot easy due to the current budget condi-tions. There may be temporary delays inprocessing new cases and reissues.

4. Files without proof of service willno longer be sent into the courtroom withthe Show Cause hearings docket. If forsome reason you have proof of servicebut it was not in the file, you can stillbring it to court and request the case besent into the court room.

5. Reminders for the rocket docket.The cover sheet is needed for the rocketdocket cases, so that the clerk knows toset them on the docket. Additionally, vol-ume filers can not rely on all their casesbeing set on the same docket due to caselimitations per docket.

New Court UpdateBased on current projections, the newRockville court building is scheduled tobe completed in late December or inearly January, and opening in February,2011.

Richard D. London, Chair

EDUCATION LAW SECTION

December 10, 2010 March 11, 2011January 14, 2011 April 8, 2011February 11, 2011 May 13, 2011

All meetings will be held on the 2ndFriday of the month at Noon in the BarAssociation Conference Room.

The October meeting featured BrianGruber ESQ. All practitioners that were

HEADINGCOMMITTEES & SECTIONS



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Montgomery County, Maryland Bar FoundationNovember 2010 CLE Schedule

Registration Form

Evening Seminars: New Practitioner $35.00 Member $65.00 Non-Member $120.00

All CLE Seminars are held in the Bar Office CLE Classroom unless otherwise noted

Immigration Visas for Battered Spouses, Victims of Violence and WitnessesWednesday, November 3, 2010 5:30 P.M. - 8:30 P.M.

BIA and Children’s Privilege Attorney IssuesMonday, November 8, 2010 5:30 P.M. - 8:30 P.M.

Education Law: What It Is and Why It Matters to Juvenile, Criminal, Family and Civil Rights PractitionersTuesday, November 9, 2010 5:30 P.M. - 8:30 P.M.

Witness Preparation: The Good, the Bad, and the UglyMonday, November 15, 2010 5:00 P.M. - 7:00 P.M.

Employment Law: Approaching Summary JudgmentThursday, November 18, 2010 5:30 P.M. - 8:30 P.M

Breakfast Seminar$15.00 Advance $20.00 at Door

Intellectual PropertyMonday, November 8, 2010 8:00 A.M. - 11:00 A.M.

Name:

Address:

Phone: Fax:

Email:

Payment Method (Please check one):

Check Enclosed (Payable to Montgomery County Bar Foundation or MCBF) Total Amount:

Visa/MC/Discover Total Amount:

Name on Card: Exp. Date:

Visa/MC/Discover #: CVV Code:

You may also register on-line at www.montbar.orgCancellation Policy:

If you are unable to attend a seminar, please contact our office at least 24 hours prior to the scheduled CLE seminar. No refunds will be made if cancellation is less than 24 hours prior to the seminar.

Montgomery County Bar Foundation, 27 West Jefferson Street, Rockville, MD 20850 Phone: (301) 340-2534 Fax: (301) 217-9327

Join the

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NEW PRACTITIONER SECTION HAPPY HOUR

Wednesday, November 10, 2010

5:30 p.m. – 8:30 p.m. 5:30 p.m.

Mixer for all Mentor/Mentee members

6:30 p.m. All are welcome to join the fun!

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HEADING



in attendance were able to glean why edu-cation law not only benefits the client, butthe community at large. Brian Gruberoffered personal insight on how he gotstarted in the field of Ed Law and hasaccomplished so much for practitioner,professionals and prospective clients. Onbehalf of the Ed Law Section, we wouldlike to thank Brian for taking time out ofhis busy schedule to serve as our October"Brown Bag" guest speaker.

Notice of change in The EducationLaw Section’s previously announcedNovember 12, 2010 Brown Bag. TheEducation Law Section’s CLE, whichis scheduled for Tuesday, November 9,2010 (read more below), will take theplace of the regular monthly Fridaymeeting which would have been onNovember 12, 2010. The topic for thenext monthly meeting at 12:15 for ournoon Brown Bag on Friday, December10, 2010 and is set: Representing CollegeStudents in School Disciplinary Actionsand Advocating for Students withSpecial Education Needs for IndividualAccommodations’ on College Prepara -tory Examinations. Unless otherwiseindicated the Ed Law Section “BrownBag” meetings start at 12:15 and is heldas always in the Bar Building, 17 WestJefferson, Rockville, MD 20850.

The Education Law Section presentsits Premier Fall CLE, Education LawNuts & Bolts – What Is It & Why YouNeed to Know, on November 9, 2010 at5:30 PM in the CLE Classroom at BarBuilding, 17 West Jefferson St.,Rockville, MD 20850. Our panelists willinclude Michael Eig, Esquire; MatthewBogin; Esquire; Jo Fogel, Esquire andNeil Jacobs, Esquire.

This unique CLE will be presentedby a panel of expert litigators pickedfrom among the many diverse practiceareas of law commonly impacted by edu-cation law concerns. Our diverse panel of

legal luminaries will focus on issues ofeducation law and various student-schoolrelated elements that often impact out-comes; legal strategy and planning ineach of the several fields of law eachpanelist will address. The panel willhighlight and illustrate what to be awareof and how best to respond when con-fronted with education law issues in yourpractice.

To join the Education Law Sectionand automatically included in early emailnotice of upcoming Ed Law events, sim-ply send your email [email protected]

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

Karen S. Smith, Co-Chair

ELDER LAW SECTION

November 10, 2010 March 9, 2011December 8, 2010 April 13, 2011January 12, 2011 May 11, 2011February 9, 2011 June 8, 2011

All meetings will be held on the 2ndWednesday of the month at 8:00 a.m. inthe Conference Room of the BarAssociation building, unless otherwisenoted.

Harold Krauthamer, Chair

EMPLOYMENT LAWSECTION

Please mark your calendars forour section's CLE on Thursday,November 18, 2010. The EmploymentLaw Section is co-sponsoring a CLE enti-tled “Approaching SummaryJudgment”. Judge Catherine Blake ofthe United States District Court for theDistrict of Maryland, Associate JudgeSharon Burrell of the Circuit Court forMontgomery County, and attorneyRebecca Strandberg will lead a discus-sion on the organizing your arguments,

presenting and responding to statement offacts, avoiding the sham affidavit rule,presenting a case for more necessary dis-covery, appropriate timing for when aplaintiff or defendant files, approachingsummary judgment in federal and statecourt, and proving or dispelling pretextand a causal connection.

Join us for the next section meeting,which will be held on December 7,2010 at 11:00 a.m. in the Bar BuildingConference Room. We will have abrown bag discussion on current eventsand plan topics for future meetings andLaw Day on May 13, 2011. Upcomingsection meetings are scheduled at 11:00a.m. on:

February 1, 2011March 1, 2011April 5, 2011

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

ESTATE & TRUST LAWSECTION

November 1, 2010 March 7, 2011January 24, 2011 April 4, 2011February 14, 2011

All meetings will be held at theoffices of Shulman, Rogers, Gandal,Pordy & Ecker, P.A. at 12505 ParkPotomac Ave., 6th Floor, Potomac, MD,unless otherwise noted. Lunch will beavailable at 11:45a.m. and the meetingswill begin promptly at Noon.

Jay M. Eisenberg, Chair

FAMILY LAW SECTION

The Section meeting calendar for2010-2011 has been set, so update yourBlackberries accordingly. Unless other-wise noted, all Section meetings will beheld in the CLE Classroom of the BarBuilding.


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attorney fees to interspousal transfers andinnocent spouse relief. It is a can't-misspresentation for any family law attorneythat wants to ensure the best after-taxresult for their clients.

Our November CLE will take place onMonday, November 8th at 5:30 p.m. inthe CLE Classroom. Mimi Magyar andDavid Bulitt will lead a discussion on childattorney issues, such as: how to present achild’s opinion to the court; how to deter-mine considered judgment; how to dealwith communications with parents, thechild’s therapists and other collaterals andthe confidentiality thereof; the interplaybetween the best interest attorney and thecustody evaluator; how the custody evalua-tor’s role impacts the best interest attorney’sposition; and what recourse the parties haveif the privilege attorney and the best interestattorney refuse to waive privilege.

Finally, our annual Holiday Party isscheduled for December 16, 2010, at5:30 pm, to be held at DelaneyMcKinney, LLP. Please mark your cal-endars accordingly.

As always, watch the Family LawSection listserve for updates andreminders regarding the Fall 2010 pro-gram and CLE schedule.

Erik P. Arena, Co-ChairBrian K. Pearlstein, Co-ChairRobert D. Weinberg, Co-Chair

IMMIGRATION LAWSECTION


All meetings will be held on the 1stThursday of the month in the ConferenceRoom of the Bar Association building.

THANK YOU JAY! Attorney JayMarks presentation on Recent SupremeCourt Cases impacting ImmigrationClients on October 7th, 2010 was wellattended and included must know legaldevelopments for all immigration andeven criminal law attorneys. Thanks toJay on behalf of the immigration section

November 11, 2010 February 17, 2011January 20, 2011 March 24, 2011

April 14, 2011LAW DAY – May 13, 2011

First and foremost, we would like tothank Heather Hostetter of SachitanoStrent Hostetter LLC and Linda A.Delaney of Delaney McKinney LLP fortheir presentation on alimony at ourOctober meeting. We hope that it willprove beneficial to all of the practitionersin attendance and that it will serve toimprove the discourse on this importanttopic.

Our November meeting will takeplace at the CLE Classroom onThursday, November 11, 2010 at 5:30p.m., and will feature a program entitled“The 15 Most Important Tax Issues forFamily Law Attorneys to Consider inDivorce” given by David De Jong andEric Rollinger, both of Stein, Sperling,Bennett, De Jong, Driscoll & Greenfeig,P.C. Issues addressed will include every-thing from deductibility of alimony and




for sharing his immigration litigationexperience and knowledge. Many experi-enced and newer section members were inattendance. It was great to see everyone.

Welcome to our most recent immi-gration section members Brian A. TucciEsq. of Goren, Wolff & Orenstein, LLCand Ana M. Rodrigues, Esq. of Jezic,Krum & Moyse, LLC. It was great tomeet you both and I hope you find thesection to be a welcoming place.

UPCOMING SECTION EVENTSCLE – Sign up nowWednesday Nov. 3, 2010, 5:30-8:30PMImmigration Visas for Battered Spouses,Victims of Violence and Witnesses SPEAKERS: Maria F. Glinsmann & YunJung Yang

BROWN BAG LUNCH SERIESNovember 4th, 2010, Noon – 2PMUnlawful Presence and Waivers(Replaying of the AILA TelephoneConference Recording from July 29)Discussion Leader: Norma Hoffpauir,Esq.

Bring Your Own Lunch

HOLIDAY HAPPY HOUR SOCIAL(Family law & Business Law Sections

are Invited to Join US)Thursday, Dec. 16, 2010, Evening

Contact [email protected] ifyou are willing to coordinate this eventfor the section.

Matthew R. Glinsmann, Chair

JUVENILE LAW SECTION


All meetings will be held inCourtroom #20 of the District Courtbuilding from 12:30 p.m. to 1:30 p.m.,unless posted otherwise.

Juvenile practitioners inMontgomery County often wonder whyour county doesn’t prosecute “CINS”cases. Md. CJP Code Ann. § 3-8A-10.1.The answer, of course, has something todo with funding. While I don’t claim toknow a lot (or anything) about the politicsof getting State funding for certain caus-es, I do know that Maryland law providesfor the prosecution of CINS cases, andthat CINS cases serve an important andoverlooked purpose.

The Difference Between CINS andCINA

Our county has a steady docket ofChild in Need of Assistance (CINA) cases.These cases usually involve the removal of

children from their parents, and at leasttemporary placement into a foster home.In more cases than not, all parties agreethat the family needs help, but the casesare troublesome because the Statute forcesthe parent to admit in court that the child 1)has been either abused or neglected and 2)the child “… is not receiving proper careand attention,” and 3) that the child’s par-ents are unable or unwilling to give propercare and attention to the child.” Even acase in which all parties acknowledge theneed for help, no parent wants to makethese admissions. So, the families cannotget the help they need without agreeingthat they have abused or neglected theirchild. This encompasses even familiesthat are trying very hard but have an “outof control” teen.

A Child in Need of Supervision case,however, directs families to get serviceswithout the parents making the aboveadmissions. In many cases, this wouldallow the children (and parents) to receivewhatever assistance they need withoutprolonged litigation that puts the familiesat odds with the same Social Workers thatare responsible for helping them.

There is also a correlation betweenCINA court and delinquency court.Many of the teens charged in JuvenileCourt are victims of dysfunctional house-holds. The delinquent act is merely asymptom of the real disease. The addedpressure of the Juvenile Court process tofamilies that are already inept and strug-gling to deal with daily life is not helpfulto our community.

Juvenile Offenders In Need ofSupervision (JOINS)

In Baltimore County, an interestingpilot program called JOINS has beenestablished.

The Juvenile Offenders In Need ofSupervision (JOINS) program is to pre-vent juvenile delinquency by divertingthreshold offenders from the juvenile jus-tice system. Threshold offenders are first-time non-violent offenders, or thoseyouth deemed to be at the beginning of apattern of delinquency. The programembodies and promotes the principals ofRestorative Justice including the paymentof restitution to the victim.

Goals of the program are:• Reducing the rate of recidivism for

juvenile offenders.• Reducing minority over-representa-

tion in the juvenile justice system.• Successful intervention in the cases

of juvenile threshold offenders.• Support of families and youth with

counseling and appropriate referrals tocommunity resources.

• Promotion of atonement and self-

esteem through community restitutionand accountability.

• Restoration of victims throughprompt payment of restitution and pro-gram participation on the part of the vic-tim, if desired.

The program remains successful inaddressing these goals. JOINS supportsyouth and their families by assessingneeds and making referrals, when indicat-ed, to community agencies. All JOINSyouth are assessed by Case Managersassigned by the Department of JuvenileServices (DJS), or professional coun-selors from the Department’s CounselingTeam. All victims receive restitutionwhen it is appropriate to the case.

Benefits of JOINS• Quicker response to the delinquent

act.• Realization that the authorities

(police) are providing a supportive andpositive venue to avoid an arrest record.

• Minimization of the impact of dis-proportionate minority representation inthe system.

• Opportunity to direct various social(Continued on following page)

services and treatment resources towardthe offender's family.

• Restoration of both the victim andthe offender following the delinquent act.The victim through restitution and jus-tice, the offender through atonement andaccountability.

• The community is the beneficiaryof the performance of community restitu-tion activities that mirror the volunteeractivities of non-offending citizens.

Daniel W. Gaskill, Co-ChairCarlotta A. Woodward, Co-Chair

LAWYER TO LAWYERCOMMITTEE


All meetings will be held at 5:00p.m. in Room 12 of the Circuit Court LawLibrary.

Daniel W. Gaskill, Chair

LEGAL ETHICSCOMMITTEE

November 10, 2010* March 9, 2011December 8, 2010 April 13, 2011January 12, 2011 May 11, 2011February 9, 2011 June 8, 201`*Meeting being held at Jeff Axelson’soffice

All meetings will be held on the 2ndWednesday of the month at 4:30 p.m. inthe Bar Association Conference Room.

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

LAW FIRM MANAGEMENTSECTION


Meetings will be on the 3rd Thursdayof the month at 8:00 a.m. at Ward &Klein, Chtd., 2275 Research Blvd., Suite720, in Rockville.

David M. Schoenfeld, Chair

PERSONAL INJURYLITIGATION SECTION

January 28, 2011 March 25, 2011April 29, 2011

Meetings will be held on the lastFriday of the month at Noon in theConference Room of the Bar AssociationBuilding.

We would like to thank the LienResolution Group for their presentation at

the October 1 meeting. Our next meetingwill be on October 29, 2010 at noon at theBar Association Building. We are attempt-ing to line up a presenter to talk about estab-lishing trusts for special needs. More infor-mation will follow on the list serve, so,please keep your eyes open for that email.

Thank you and we look forward toseeing you on October 29, 2010.

Paul S. Chung, Co-ChairAndre M. Forte, Co-Chair

PROFESSIONALISM & THEQUALITY OF LIFECOMMITTEE

Please mark your calendars for futuremeeting dates and plan to attend. We willmeet every other month on the thirdTuesday at 5:30 p.m. All meetings willbe held in the Conference Room exceptthe November meeting, which will be inthe CLE Classroom of the Bar building.

November 16, 2010January 18, 2011March 15, 2011May 17, 2011

The first meeting of the year was a

huge success! Thank you to all the mem-bers who attended and provided theirenergy and ideas to the planning of activ-ities for the upcoming year. TheCommittee has developed three majorinitiatives to provide opportunities forcommunity service and exciting pro-grams to our fellow bar members. Theinitiatives are as follows:

1) Community Service – Communityservice is an integral part of our focus thisyear. It is our belief that in order to havea balanced life, you need to give back tothe community. We have committed tofeed the homeless at Shepherd’s Tableevery third Friday of the month fromOctober 2010 to May 2011. Dan Shaivitzhas graciously agreed to take the lead incoordinating our service effort. If you areinterested in volunteering, please contactMr. Shaivitz at [email protected].

2) January Program: “New Year,New You” – Professionalism and Qualityof Life are two themes that go hand-in-hand. Our January program will discussthe basic principles of time managementin balancing personal life with the daunt-ing billable hour and various other com-




mitments that go along with the practiceof law. Stay tuned for more details on thedate, location, and specific speakers forthis program as we get closer to the NewYear.

3) Law Day Program – We are stillworking on the theme for this program,but we are open to ideas. We will haveanother committee meeting on November16, 2010, to discuss this matter further. Ifanyone has any ideas prior to the meeting,please feel free to contact either Heatheror Rhian.

On October 20th, we hosted a HappyHour for our committee members and sev-eral of their professional friends to generateenthusiasm and interest in our Committeeand this year’s programs and activities.Thank you to everyone who was able toattend the happy hour—we had a blast! Aspecial thank you to Paul Ethridge forencouraging this event and Ethridge,Quinn, Kemp, McAuliffe, Rowan &Hartinger for donating to our event.

Please join us on November 16th at5:30 p.m. in the Bar AssociationBuildings CLE Classroom for our nextmeeting to discuss and expand on ourplanned initiatives.

Heather S. Collier, Co-ChairRhian McGrath, Co-Chair

REAL ESTATE LAWSECTION

Future Meeting Dates:November 9, 2010 December 14, 2010

All meetings will be held on the2nd Tuesday of the month at 8:00 a.m.at the offices of Shulman, Rogers,Gandal, Pordy & Ecker, P.A. at 12505Park Potomac Ave., 6th Floor,Potomac, MD 20854, unless otherwisenoted.

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

STRATEGIC PLANNINGCOMMITTEE

Meeting Dates for 2010-2011November 17, 2010 March 9, 2011January 19, 2011 May 18, 2011

We will meet on the third Wednesdayof every other month at 6:00 p.m. at theoffices of Shulman, Rogers, Gandal,Pordy & Ecker, P.A. located at 12505Park Potomac Avenue, 6th Floor,Potomac, MD 20854, unless otherwisenoted.

I look forward to seeing all of you atour meeting on November 17th.

David A. Pordy, Chair

TAXATION LAW SECTION

Meeting Dates for 2010-2011November 3, 2010 February 2, 2011December 1, 2010 March 2, 2011January 12, 2011* April 6, 2011

May 11, 2011*to be held at the Law Offices of ChayaKundra, PC, 110 North Washington St.,Suite 406, Rockville, MD 20850.

We will meet on the 1st Wednesdayof the month from 5:30 p.m. to 6:30 p.m.in the Conference Room of the BarAssociation building, unless otherwisenoted.

Economic Growth and Tax ReliefReconciliation Act of 2001

& Small Business Jobs Act of 2010—How they Impact the Way

We Advise Our ClientsLadies and Gentlemen, it looks like

certain provisions of the EconomicGrowth and Tax Relief ReconciliationAct of 2001 (EGTRRA) are set to sunsetthis years. Unless Congress acts, thismeans higher tax rates for both employersand workers in 2011. Kindly note the fol-lowing:

Higher Tax Brackets – WhileEGTRRA provided for lower income tax




HEADINGCOMMITTEES & SECTIONS


rates, without a revision the 10% bracketwould potentially disappear, and the low-est bracket would become 15%. This alsomeans that the top four tax brackets couldrise from 25%, 28%, 33% and 35% to28%, 31%, 36% and 39.6%.

Supplemental Wage Rate – Thesupplemental wage rate (e.g., bonuses,commissions, severance pay) is set toincrease from 25% to 28% on supplemen-tal wages totaling $1 million or less in thecalendar year. For supplemental wagepayments of over $1 million, the rate willincrease from 35% to 39.6%.

Backup Withholding – Backupwithholding is required on certain non-wage payments made to payees for whoman information return was filed which hada missing or incomplete taxpayer identifi-cation number. The current backup with-holding rate of 28% will increase to 31%starting in 2011 unless this provision isextended by Congress.

Employer-Provided EducationalAssistance – Presently employers are ableto reimburse up to $5,250 of an employee’snon-job-related educational expenses tax-free. This is assuming that the reimburse-ment program meets the requirements setforth in Code Section 127. Neither thisfringe benefit nor the education assistanceexclusion for graduate level education willbe available beginning in 2011.

Advanced Earned Income Credit –This credit allowed low-income employ-ees to receive an advance payment of theearned income credit on their paychecks.Their withholding was lowered toaccount for the payment.

Making Work Pay Credit – Underthe American Recovery andReinvestment Act of 2009 (ARRA), theprovision provided a refundable tax cred-it to individuals below a certain incometax level. This credit was receivedthrough a reduction in the amount with-held from the employee’s paycheck.

These changes will affect both yourclients that are employers and employ-ees. Being mindful of the increase in taxrates, means that the amount of theemployer’s federal tax deposit (“FTD”)will increase and the employee’s takehome pay will decrease. If your clientsare on the edge of being able to keep upwith their FTD requirements and other-wise, it is best to counsel them on howthe change will impact both them andtheir employees and workers. Foremployees struggling to get by as it is,the decrease in take home pay will cer-tainly impact employers.

Additionally, the Small BusinessJobs Act of 2010 was signed into law onSeptember 27, 2010. It includes a number

of tax provisions affecting both business-es and individuals. Some of these provi-sions are effective either retroactively,immediately from the date the bill wassigned or beginning in 2011.

Retroactively Effective – Theseprovisions will have more of a tax impactas they are retroactively effective startingat the beginning of 2010:

• Increased Code Sec. 179 and quali-fied real property expense deductionbeginning in 2010 and 2011.

• 50% bonus depreciation and anadditional $8,000 luxury auto deprecia-tion limit apply for qualified propertyplaced in service in 2010.

• Cell phones are no longer “listedproperty” subject to strict substantia-tion rules for tax years beginning after2009.

• Increased startup expense deduc-tion applies for tax years beginning after2009 and before 2011.

• Eligible small business credits thatare determined in a taxpayer’s first taxyear beginning in 2010 but are unused areeligible for 5-year carryback.

• Eligible small business creditsdetermined in tax years beginning in2010 can offset AMT liability and, to anincreased extent, regular tax liability forcredits determined in tax years beginningafter 2009.

• Health insurance costs for a taxpay-er and his family are deductible in com-puting 2010 self-employment tax.

• The Code Sec. 6707A penalty forfailure to report a tax shelter transactionis completely restructured for penaltiesassessed after 2006.

Immediately Effective – These pro-visions are effective as of the September27, 2010 enactment date:

• The 100% gain exclusion for quali-fied small business stock (QSBS) for reg-ular tax and alternative minimum tax(AMT) purposes applies for QSBSacquired after September 27, 2010 andbefore January 1, 2011.

• The provision allowing retirementplan distributions to be rolled over to adesignated Roth account applies for dis-tributions made after Sept. 27, 2010.

• The new sourcing rule for guaran-tees applies for guarantees issued afterSept. 27, 2010.

• The elimination of the requirementfor a pre-levy collection due process(CDP) hearing for certain Federal con-tractors applies for levies issued afterSept. 27, 2010.

Prospective Changes – These provi-sions are to apply after 2010:

• Temporary reduction in the SCorporation’s built-in gain period from 7to 5 years.

• Partial annuitization of nonquali-fied annuities

• Code Sec. 457 governmental plansare permitted to include a qualified Rothcontribution program.

• Information reporting requirementfor rental income from reality and theincreased information return penalty andfailure to furnish payee statement penalty;

• The accelerated estimated tax forlarge corporations (assets of at least $1billion) applies to estimated tax other-wise due in July, August or September of2015.

*****************We meet the first Wednesday of every

month with our next meeting to be held at110 North Washington St., Ste. 406,Rockville, MD 20850, promptly at 5:30p.m. Our topics for this year will cover:FBARs, estate tax, divorce tax, state taxes,choice of business entity, sales and use taxand bankruptcy. Please do let me know ifyou would like to speak!

By Chaya Kundra, Esquire& Peter Hoang, Esquire

WORKERS COMPENSATIONLAW SECTION

Meeting Dates for 2010-2011November 11, 2010 February 10, 2011December 9, 2010 March 10, 2011January 13, 2011 April 14, 2011

May 12, 2011All meetings will be held on the 2nd

Thursday of the month at 5:00 p.m. at theoffices of McCarthy Wilson, LLP, 2200Research Blvd., Suite 500, Rockville,MD, unless otherwise noted.

William J. Inman, Co-ChairJeffrey W. Stickle,Co-Chair

YOUTH COURTHOUSEPROJECT COMMITTEEMEETING DATES

November 3, 2010 February 2, 2011December 1, 2010 March 2, 2011January 5, 2011 April 6, 2011

May 4, 2011All meetings will be Brown Bag

Lunch meetings, to be held on the 1stWednesday of the month at 12:15 p.m. inthe Bar Association Conference Room,unless otherwise noted.

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


The deadline for submission of copy forthe newsletter is the 10th of the month

for the following months’ issue.

HEADING


The Pro Bono Program provides freelegal services to low-income residents inMontgomery County. We need your help tocontinue meeting the increasing demand!Together with our many committed volun-teers, our Pro Bono Program serves over3000 low income residents during thecourse of year. Please call the Pro BonoProgram to see how you can get involved.We always need volunteers at our eveningadvice clinics.

Our intake is open Monday throughThursday 9:00 am to 4:30 PM. As the econ-omy continues to be challenged, the poorestin Montgomery County are also increasing-ly faced with housing, employment, andfamily crises. You can make a differenceby just attending our clinics one eveningor taking a pro bono case. 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 extensive andin-depth six hour family law training is amust see!! The excellent compilation offamily law materials is available for free toany Maryland barred attorneys in goodstanding who agree to take a pro bono caseat the time of the training.

Our legal clinics offer a very uniqueopportunity to get a glimpse of the manycomplex issues facing our low-income res-idents including debt and bankruptcy prob-lems, divorce, custody, child support, hous-ing, employment/contract issues, individ-ual rights or disability cases. The PROBONO Evening Legal Clinics are now atfour locations. The Germantown clinicsare supervised by Jonathan Bloom, Esquireand MaryKay Canarte, Esquire. TheEvening Legal Clinics at TESS and theGilchrist Center in Wheaton continue tothrive under the able assistance of JayMarks, Esquire, David Vega, Esquire, andJuan Carlos Washington, Esquire. Pleasenote the Wheaton Clinic will now belocated at the Wheaton Library. Finally ourEAST COUNTY REGIONAL SERVIC-ES CENTER Clinic is located at 3300Briggs Chaney Road, Silver Spring, MD20904 and is supervised by MannyMontero, Esquire. This East Countyclinic has Bankruptcy/Debt attorneyconsultations available. Clients shouldcheck-in between 5:30 pm and 6:00 pm.For more information they can call (301)424-7651.

The volunteer attorneys who attend ourclinics get to do pro bono service while also

networking 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 a part ofsomething 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 for cus-tody and support. We do not handle modifi-cations, contempts, emergency cases, or postjudgment matters. Please review the websitewww.montbar.org to see what types of casesare handled by our program. If you are inter-ested in participating, please contact MaryKay at [email protected] orcall (301) 762-5831.

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

Intakes - 617 Cases Opened - 612Cases Referred - 44 Cases Closed - 616

Judith BluefeldAlyssa Chang Sandra Guzman Dontrice P. HamiltonMilan Mittra

Debra G. Oliver Rosa SobhrajEmily Russell**Belinda Tilley**

Judicare Referrals

Sonja AllenJonathan BloomMaryKay CanarteValerie Ezrin

Sandra GuzmanRobert WagmanAnn Marie WallDonya Zimmerman

Michele CabreraMike LemovBobby MurphyPatricia McDonaldKate McDonough

Suzanne RyanSam ShapiroDavid Vega Juan Washington

Essita DuncanRoger GoldenLydia LawlessRicky MalikJay MarksKate McDonough

Pete RandolphShayla SettlersPriya SharmaDavid VegaJuan WashingtonJerry Williams

Gilchrist Germantown Center

TESS Center

Gilchrist Wheaton Center

Jared BarskyDenise DominguezElizabeth Pugliese

Jennifer TomainoViola ForbinManny Montero

East County Briggs Chaney Clinic

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

*=2 cases **=4 cases

Pro Bono Case Referrals

Judith Bluefeld*Jules Bricker Alyssa ChangHerbert Dubin Sandra Guzman Dontrice P. Hamilton Kay Han*Susan Magazine Ricky Malik Steven Mirsky Milan Mittra

Jonathan Morgan Debra G. Oliver Marylin Pierre Justin Reiner Emily Russell**Rosa Sobhraj Belinda Tilley**April Urban Brian C. Williams Michael Wolf

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

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

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

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

Center 3300 Briggs Chaney RoadSilver Spring, MD 20904

HEADINGSPECIALTY BAR ASSOCIATIONS


J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC., MontgomeryCounty Committee monthly meeting willbe held on Saturday, November 6, 2010from 9:30 a.m. to 11:30 a.m. in the confer-ence room of the Bar Association ofMontgomery County, Maryland, 27 WestJefferson Street, Rockville, Maryland20850. Breakfast will be served.

If you cannot come to the Novembermeeting, please join us on Saturday,December 4, 2010. For more information,please contact Holly Reed, Esq. at (301)587-9480.

You are cordially invited to the J.Franklyn Bourne Bar Association's26th Annual Scholarship AwardsBanquet. The theme is "A Call to Action:Empowerment Though CommunityReinvestment." The Banquet will be heldon Thursday, November 4, 2010, from6:00 p.m. to 9:00 p.m. at Martin'sCrosswinds, 7400 Greenway Center

Drive, Greenbelt, Maryland. Tickets are$75.00 per person or $700.00 for a tableof ten. For ticket or sponsorship informa-tion, Sharon Christmas-DeBerry, Esq. at(301) 883-8616.

The next J. Franklyn Bourne BarAssociation General Body Meeting isThursday, November 18, 2010 at 6:30pm at the Washington Suburban SanitaryCommission, 14501 Sweitzer Lane,Laurel, Maryland 20707. Please join usfor our free educational, thought provok-ing, exciting, and interesting CLEs.

MONTGOMERY COUNTYWOMEN’S BAR ASSOCIATION

I hope everyone enjoyed meeting andgreeting the members of our District andCircuit Court benches at our 14th annualJudicial Reception. Thank you to RhianMcGrath and Jillian DiLaura (and all thosewho assisted them) for making our signa-ture event such a great success this year.

The state Women’s Bar Association willbe honoring our very own Kathleen Dumais,with the Rita C. Davidson Award onNovember 18, 2010 at the Sheraton

Columbia Town Center, 10207 WincopinCircle, Columbia MD. Cocktailreception/cash bar begins at 6:00 p.m. withdinner to follow at 7:00 p.m. You can registerto attend by going to www.WBA-MD.org . Ifyou are interested in carpooling and/or put-ting together a table of Montgomery CountyChapter members, please contact me [email protected].

The Fall Forum/Preparing forSuccess will be held on Saturday,November 13, 2010 10:00 a.m. – 4:00p.m. Montgomery College, RockvilleCampus, Theater Arts Building. OurFoundation co-sponsors this event in part-nership with other community groups andorganizations. Judge Savage is still look-ing for volunteers. If you are interested inparticipating, please call her chambers at240-777-9372 or her assistant KarenBushell at [email protected].

Our next Executive Board meetingwill be held on Monday, November 8,2010 at 12:30 p.m. in the law library. Allare welcome to attend.

Master Lisa Stearman Segel, President

SIMON E. SOBELOFFJEWISH LAW SOCIETY

SIMON E. SOBELOFF JEWISHLAW SOCIETY PROUDLY PRES-ENTS: "Everything You Wanted toKnow About the Talmud....But WereAfraid to Ask"(A Taste of Talmud). Joinwith friends and colleagues, novices andexperts as Rabbi Michael Safra guidesus through a discussion of Jewish Law.WHEN: Thursday, November 11, 2010-6:30 pm to 8:30 pmWHERE: B’nai Israel Synagogue, 6301Montrose Road, Rockville, Md.

Light Dinner and Refreshments willbe served. RSVP for this event [email protected] or call Brian Barke at(301) 309-8300.

Also, please check out the SobeloffIsrael trip March 2011. Go towww.sobeloff.org and get the full detailsof the trip.

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

following months’ issue.

HEADING


WHAT’S NEW ...

Handicap accessible. Walk to courthouse.Partially furnished. Indoor parking. Newbuild out. 6-8 offices. Large conferenceroom, reception, kitchen. Call for Michaelat 301-217-9500.

FRIENDSHIP HEIGHTS, MD – 2-3spaces to share with 3 solo practitioners.Two blocks from Metro. Receptionist,copier, fax, Internet. $950 per space.Month to month or term. 301-654-5757or [email protected].

FRIENDSHIP HEIGHTS, WASHING -TON, DC – one (1) office to share in newlybuilt office space with three (3) generalpractice attorneys. Includes use ofconference room. Copier is available. Officeis located two (2) blocks from FriendshipHeights metro. (Parking available).Preferably looking for an attorney with aportable practice and who can handleoverflow work from other attorneys.$1,250.00 per month includes use of internet.Minimum commitment is one (1) year.Please call either (202) 237-6600; 202-237-6300 or email to [email protected].

GAITHERSBURG – A modern office isavailable in a first class building onMontgomery Village Ave., Exit 11 off ofI-270, convenient to everywhere. Suite isfully furnished with modern furniture.Share conference room, reception area,kitchenette and other amenities. Freeparking for you and your clients, ideal fora solo attorney. $750 per month. Pleaseemail me at [email protected] orcall 301-519-2801.

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

GAITHERSBURG – Windowed officeavailable in first class building on Rt. 355,

near Shady Grove Road. Office suite hasjust been built out. Includes internet, phone,fax, copier, kitchen, and 2 conferencerooms. Available furnished. Secretarialspace also available. Plenty of parking. Onlya 5 minute drive to courthouses. Overflowwork available. Call 301-670-6333.

ROCKVILLE – Complete Office Suitefor rent to sole practitioner or small firm.Three private offices, secretarial/receptionarea, storage room, and restroom. Lovelysecond floor view of Route 355 and theMetro trains. Jackson Place OfficeCondominium, in front of MontgomeryCollege. Lots of parking and easy access.Alan Zipp, CPA-Attorney, 301-340-0084.

ROCKVILLE – Office available inattorneys suite. Excellent location acrossfrom Circuit Court and 2 blocks fromRockville Metro. Use of reception,library, conference room, kitchenette,copier, and DSL. Ample parking.Opportunity for referrals and/or overflowwork. Call 301-943-3038.

ROCKVILLE – Office Suite - AdamsLaw Center, 29 Wood Lane – located twoblocks from Courthouses and withinwalking distance of Metro. Second floorself contained suite of three windowedattorney offices, one of which could beused as a large secretarial area, if desired.Free Parking even though downtownRockville. Free use of photocopy machine.Will also consider free use of receptionroom secretarial space. Use of largeconference room, library, file storage areaare all included in the rent. Additional areafor law clerk in library. Lease rental veryreasonable. Will consider sharing fixedcost of DSL internet connection, andLexisNexis. Call Tom Heeney at 301-762-8545, fax 301-762-8572, or [email protected].

LEGAL ANNOUNCEMENTS

Celebrating 60 years of excellence in thepractice of Divorce and Family Law, thefirm of Brodsky Renehan PearlsteinLastra & Bouquet, Chartered is pleasedto announce the addition of respected fam-ily law litigator Edouard J.P. Bouquet asPartner and the elevation of Carlos M.Lastra to Named Partner. In addition,J. Mason Weeda, former law clerk to theHonorable Terrance J. McGann of theCircuit Court for Montgomery County, hasjoined the firm as an Associate.

Walker & Murphy, LLP is pleased toannounce that Gretchen Slater, Esquire,has joined the firm as an associate attor-ney. Ms. Slater will be handling insur-ance defense and medical malpractice lit-igation for the firm.

RENT/LEASE

ASPEN HILL – One or two attractive,fully furnished window offices in lawoffice suite 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 officespace available in suite located indowntown Bethesda, (3 Bethesda MetroCenter, convenient to Metro Station).Use of reception area, secretary,conference room, library, kitchenette, faxmachine and copier. For furtherinformation please call (30)1 718-1900 oremail [email protected].

FREDERICK – 50 Carroll Creek Way,top floor, approximately 2,000 sq.ft. – NewClass A elevator building overlookingCarroll Creek next to Artz Library. (Continued on following page)

CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Six 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 ~ 301-258-2626

www.circletreatment.com

Security ClearanceLawyers

McAdoo Gordon & Associates, P.C.

2022930534www.mcadoolaw.com

HEADINGWHAT’S NEW ...

ROCKVILLE – 1-3 offices in groundfloor multi-lawyer suite, with use ofconference room/library, workroom andkitchenette. Receptionist/copier/fax/DSLoptions available. Free parking.Conveniently located on Research Blvd.,near Shady Grove Rd./I-270. Call 301-330-8125.

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

ROCKVILLE – Part-time or satelliteoffice and 1 or 2 full time offices in abeautiful penthouse suite in premiumoffice building with outdoor terrace.Secretarial space optional. One blockfrom Circuit Court. Adjacent to theRockville Metro Station. Full use ofconference room, reception, copier &kitchen, and other amenities for areasonable cost. Call Stanley at 301-340-3003.

ROCKVILLE – Several windowedoffices for rent in townhouse next to juryparking lot. Use of 2 conference rooms,library, kitchen and client waiting areas.Free parking. Digital copier/Internet useavailable. A block to Circuit Court. $695-$895. Call (301) 251-1600.

DOWNTOWN SILVER SPRING –Windowed fully furnished 12’ x 12’ lawoffice for rent. Located in a 3,000 sq. ft.fully renovated law office suite. Allamenities including use of full kitchen,spacious conference room, fax andprinter/copier. Wired for high-speedinternet and phone. Referrals amongattorneys are common. Professional,friendly, and relaxed environment.Ample parking in the area. One blockfrom District courthouse. Call Stephanieat 301-587-9170 or email [email protected].

ATTORNEY

OPPORTUNITIES

ATTORNEY(S) – The establishedsuburban Maryland law firm of Joseph,Greenwald & Laake, PA is looking toexpand its business practice in

(Continued from preceding page) Montgomery County. The firm, now in itsfifth decade of operation, has experiencedsteady growth over the last decade from itsprimary location in Greenbelt, Maryland.Late in 2009, the firm opened a secondlocation in the Rockville Town Center andis seeking partner-level attorney(s) withpractices that provide transactional and/orother services to business clients. Idealcandidates will have annual portablebusiness of $500K+. This is an attractiveopportunity to join a growing, successfullaw firm that is committed to continuedgrowth and expansion in MontgomeryCounty. All replies will be strictlyconfidential. Call or e-mail David Bulitt at(240) 399-7888 or [email protected].


To sign up for the Lawyer ReferralService, contact Maria at 301.424.7040

or [email protected]~

In these Economic Times, How canyou afford NOT to belong?

Could you use more clients?

HEADINGWHAT’S NEW ...


ADVERTISERS INDEX

Balance Health Center LLC . . . . . . . . . .15

www.balancehealth.net

Berenato, White & Stavish, LLC . . . . . .15

www.bwsiplaw.com

Center for Forensic Economic Studies . . .18

www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .23

www.circletreatment.com

Richard Edelman . . . . . . . . . . . . . . . . . . .12

www.economic-analysis.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . .25

www.jenniferfairfax.com

Garland Group . . . . . . . . . . . . . . . . . . . .12

www.gargroup.com

Gelman, Rosenberg & Freedman . . . . . .6

www.grfcpa.com

David Harrison . . . . . . . . . . . . . . . . . . . .12

www.marylandappraiser.com

Insight Treatment Center . . . . . . . . . .4, 22

Michael L. Kabik, Esquire . . . . . . . . . . .18

www.srgpe.com/immigration.html

Keller Williams Team Realty . . . . . . . . .16

www.LiveListingsOnline.com

www.MarylandHomesByRobin.com

Legal Outsourcing Solutions . . . . . . . . . .5

www.legaloutsourcingsolutions.com

McAdoo, Gordon & Associates, P.C. . . .23

www.mcadoolaw.com

The McCammon Group . . . . . . . . . . . . . .3

www.McCammonGroup.com

Metro Counseling Services, Inc. . . . . . . .13

www.metrocounselingservices.com

Metropolitan Process Services . . . . . . . .14

www.metroprocess24.com

Montgomery County Sentinel . . . . . . . .25

www.thesentinel.com

Alan J. Nuta, Esquire . . . . . . . . . . . . . . .17

www.SSBenefitsLawyer.com

Oxley & Goldburn Insurance . . . . . . . . . .6

www.oxleygoldburn.com

Passport Title Services, LLC . . . . . . . . . .7

www.perfectly-pressed.com

Perfectly Pressed, LLC . . . . . . . . . . . . . .24

www.passporttitle.com

Pushkin & Pushkin . . . . . . . . . . . . . . . . .14

Rossmann - Hurt - Hoffman, Inc. . . . . .19

www.rhhinsurance.com

Stein, Sperling, Bennett, De Jong, Driscoll

& Greenfeig, P.C. . . . . . . . . . . . . . . . . .10

www.steinsperling.com

Alan S. Zipp, Esquire . . . . . . . . . . . . . . . .8

Patrick N. Caldwell, 2101 L Street NW,Suite 1000, Washington, DC 20037; tel.:(202) 331-3100; fax: (202) 331-3101;email: [email protected]

Toya S. Carmichael, 1334 28th StreetSE, Washington, DC 20020; tel.: (510)915-2413; email:[email protected]

Robyn E. Dunlap, PO Box 75,Clarksburg, MD 20871; tel.: (301) 515-7808; fax: (301) 515-7674; email:[email protected]

Callista M. Freedman, 4009 CharleyForest St., Olney, MD 20832; tel.: (240)731-2183; fax: (240) 949-6811; email:[email protected]

Kirsten N. Haalboom, 8208 StreamsidePlace, Apt. 104, Gaithersburg, MD20879; tel.: (651) 707-4679; email:[email protected]

Kimberly M. Hibsch, 7920 NorfolkAve., Suite 210, Bethesda, MD 20814;

tel.: (301) 652-1161; fax: (301) 986-4133; email: [email protected]

Governor E. Jackson, III, 1023 NorthCalvert St., 4th Floor, Baltimore, MD21202; tel.: (410) 528-5150; fax: (410)528-1055; email:[email protected]

Michael A. Miller, 7979 Old GeorgetownRd., Suite 400, Bethesda, MD 20814; tel.:(301) 345-0150; fax: (301) 345-0172;email: [email protected]

Audrey L. Orteza, 4200 ConnecticutAve., NW, Washington, DC 20008; tel.:(202) 274-7315; fax: (202) 274-5583;email: [email protected]

Jinni X. Shea, 12606 Bright SpringWay, Boyds, MD 20841; tel.: (240) 627-4388; email: [email protected]

Jerry L. Williams, 2009 N 14th St.,Suite 608, Arlington, VA 22201; tel.:(703) 522-2777; fax: (703) 522-4001;email: [email protected]

NEW MEMBERS

JENNIFER FAIRFAX

Fellow of theAMERICAN ACADEMY OF

Adoption Attorneys

Adoption Law • Reproduction Law • Surrogacy • Donor Agreements

Domestic, Second Parent and Relative Adoptions

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

Member of RESOLVE Mid-Atlantic Region • Licensed in Maryland and the District of Columbia

Fellow of theAMERICAN ACADEMY OF

Assisted Reproductive Technology Attorneys

HEADING


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

STATE’S ATTORNEY’S ASSIGNMENTS

HEADING


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

JUDGES SCHEDULES

Circuit Court

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

Schedule updates are available on our website when we receive them

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

Newsletter of theBAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND

27 West Jefferson Street, Rockville, Maryland 20850-4200

PeriodicalsPostagePAID

atRockville, MD

CR Bar Office Conference Room CLR CLE Classroom

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

Cale

nd

ar

NOVEMBER

1 11:45a.m. C/S Estate & Trust Law Section Meeting5:00 p.m. CR Fee Dispute Resolution Committee

2 5:30 p.m. CR Technology Committee Meeting3 8:00 a.m. C/S Circuit Court Bench Bar Committee

12:15 p.m. CR Youth Courthouse Project Committee5:30 p.m. CLR CLE Seminar – Immigration Law5:30 p.m. CR Taxation Law Section Meeting

4 8:00 a.m. CR District Court Bench Bar CommitteeNoon CR Immigration Law Section Meeting6:00 p.m. J. Franklyn Bourne Bar Banquet

8 8:00 a.m. CLE CLE Breakfast – Intellectual Property5:00 p.m. CR Executive Committee Meeting5:30 p.m. CLE CLE Seminar – Family Law

9 8:00 a.m. C/S Real Estate Law Section Meeting12:15 p.m. Bar Luncheon5:30 p.m. CLE CLE Seminar – Education Law6:00 p.m. C/S Business Law Section Meeting

10 8:00 a.m. C/S ADR Section Meeting8:00 a.m. CR Elder Law Section Meeting12:30 p.m. C/S Juvenile Law Section Meeting4:30 p.m. C/S Legal Ethics Committee Meeting6:00 p.m. C/S New Practitioner Section –

Mentor/Mentee Happy Hour11 5:00 p.m. C/S Workers Compensation Law Section

5:30 p.m. CLR Family Law Section Meeting15 5:30 p.m. CLE CLE Seminar – Commercial Litigation16 5:00 p.m. CR Foundation Board of Directors Meeting

5:30 p.m. CLR Professionalism Committee Meeting17 5:15 p.m. CR Criminal Law Section Meeting

6:00 p.m. C/S Strategic Planning Committee Meeting18 8:00 a.m. C/S Law Firm Management Section

12:30 p.m. C/S Circuit Court Chamber Chat12:30 p.m. DELQ Bench Bar Meeting5:00 p.m. C/S Lawyer to Lawyer Committee Meeting5:30 p.m. CLE CLE Seminar – Employment Law6:00 p.m. Women’s Bar Association Annual Dinner

25 ~ Thanksgiving Holiday – Bar Offices Closed ~26 ~ Thanksgiving Holiday – Bar Offices Closed ~

DECEMBER

1 8:00 a.m. C/S Circuit Court Bench Bar Committee12:15 p.m. CR Youth Courthouse Project Committee5:30 p.m. CR Taxation Law Section Meeting

2 8:00 a.m. CR District Court Bench Bar Committee7 11:00 a.m. CR Employment Law Section Meeting

12:15 p.m. Bar Luncheon5:15 p.m. CR Criminal Law Section Meeting5:30 p.m. C/S Technology Committee Meeting

8 8:00 a.m. C/S ADR Section Meeting8:00 a.m. CR Elder Law Section Meeting12:30 p.m. C/S Juvenile Law Section Meeting6:00 p.m. CLR New Practitioner Section Meeting

9 5:00 p.m. C/S Lawyer to Lawyer Committee Meeting5:00 p.m. C/S Workers Compensation Law Section

10 Noon CR Education Law Section Meeting13 5:00 p.m. CR Executive Committee Meeting14 8:00 a.m. C/S Real Estate Law Section Meeting16 8:00 a.m. C/S Law Firm Management Section

5:30 p.m. C/S Family Law Section Holiday Party5:30 p.m. C/S Immigration Law Section Happy Hour

21 8:00 a.m. C/S Commercial Litigaton Section Meeting24 ~ Christmas Holiday – Bar Offices Closed ~31 ~ New Year’s Holiday – Bar Offices Closed ~

the bar association of montgomery county, md - newsletter

Documents

Transcript of the bar association of montgomery county, md - newsletter