December 2008 PRESIDENT’S MESSAGE BAMC HAS TRANSITIONED in This Defining Moment, to ONLINE VOTING 3 Current Update Change Has Come to America"

THETHE BARBAR ASSOCIATIONASSOCIATION OFOF MONTGOMERYMONTGOMERY COUNTY,COUNTY, MDMD EEWWSSLLEETTTTEE 27 West Jefferson St., Rockville, MD 20850-4200 Telephone: (301) 424-3454 ~ Fax: (301) 217-9327 NN www.montbar.org — E-mail: [email protected] RR

Volume 56, Issue 6 December 2008 PRESIDENT’S MESSAGE BAMC HAS TRANSITIONED In this defining moment, TO ONLINE VOTING 3 Current Update change has come to America". Because of the ever increasing costs of With these words, spoken at Grant printing and postage, the Bar Association has Park in Chicago, Barack Obama transitioned to an online voting process for 8 New Practitioners ushered in what many are describ- elections and referendums. Please ask your IT ing as a transformational era in our person to make sure the ballot (survey) emails 9 Committees/ country. Both supporters and and BAMC emails are not being blocked. The opponents of the new president ballot (survey) messages will be from Sections agree, the change in the legal com- [email protected]. All Bar Association munity is expected to be profound. messages will come from [email protected]. Insert Page With the peaceful transfer of power, which is perhaps If you have not been receiving our Family Law Holiday the most impressive aspect of a constitutional democra- BAMC weekly blast emails, please send 1 cy, the change will be generational and it will be reflect- your updated email address to us at Party ed in the halls of power in our justice system. The [email protected]. Supreme Court, the Department of Justice, the federal Insert Page court system, Immigration and Naturalization Service, TOYS FOR TOTS PROGRAM EPA, Interior Homeland Security and so many other IS UNDER WAY 2 Toys For Tots agencies and institutions all will move in a different Campaign direction after the appointment and confirmation of The New Practitioner Section of the thousands of new employees appointed by the adminis- Bar Association is collecting new, Insert Page tration. How this plays out nationally and here in unwrapped toys and gifts for all ages Montgomery county remains to be seen. However with (including teens). Drop off your donation 3 Continuing Legal the economy in crisis, wars being fought on two fronts beginning November 1 at the Bar Education and the threat of terrorism ever lurking, we can only Association offices. Donations will be wish our new president and his administration well as accepted through December 12th. Pro Bono he takes on, with hope and enthusiasm, these critical 16 issues. Despite the seriousness of the problems facing ~ SAVE THE DATE ~ this nation there is a sense of excitement and promise in 21 Specialty Bar the air. Optimism feels good. When people joyfully Retirement Dinner for took to the streets in cities across the country after an The Honorable S. Michael Pincus Associations election; when young people participated in the process Circuit Court for Montgomery County in unprecedented numbers and when a centuries-old February 19, 2009 ~ 5:30p.m. - 9:00p.m. racial barrier was broken, the words "yes we can" seem 22 State & National VisArts, Rockville Town Center and feel more than just another campaign slogan. For additional information: [email protected] or (240) 777-9094 or 23 Rent/Lease Ads Bar leader profile #3 [email protected] or (240) 777-9205. Robert C. Heeney, President of the Bar Association of 24 Attorney Position Montgomery County, 1965-66. Bar Luncheon Schedule What do Barry C. Scheck, New York, New York; Wanted Albert J. Krieger, Miami, Florida; Gerald Goldstein, December 2, 2008 – Speaker: Tim San Antonio, Texas and Nancy Hollander, Maloney, Esquire, former member of 26 States Attorney Albuquerque, New Mexico have in common? Answer: the House of Delegates from Prince They are each one of the twenty-eight recipients of the George's County Schedules National Association of Criminal Defense Lawyers January 6, 2009 March 3, 2009 February 3, 2009 April 7, 2009 most prestigious Robert C. Heeney Award. This award 12:15p.m. - 1:00p.m. is given to the one criminal defense attorney who best 27 Judges Schedules Rockville United Methodist Church exemplifies the goals and values of the Association, 112 West Montgomery Ave. and the legal profession. Rockville, MD 20850 28 Calendar (Continued on page 4) Inside This Issue FOR YOUR INFORMATION

x Please Note New Bar Staff Email Addresses w 2008-2009 Bar Association Officers and Chairs Julie Executive Director ...... (301) 424-3453 ASSOCIATION OFFICERS [email protected] President: Paul B. DeWolfe President-Elect: E. Joseph Fitzpatrick, Jr. Maria Office Manager/LRS Supervisor ...... (301) 424-7040 Treasurer: Nancy A. Sachitano [email protected] Treasurer-Elect: Richard H. Melnick Cindy Association Administrative Assistant ...... (301) 762-8376 Secretary: James A. Mood, Jr. [email protected] Past President: Mary Ellen Flynn Executive Director: Julie Petersen Clarice Membership ...... (301) 424-6351 [email protected] EXECUTIVE COMMITTEE Bradford S. Bernstein Larry A. Ceppos Ana Maria Lawyer Referral Service Operators (part-time) ...... (301) 279-9100 Eun (Jeannie) K. Cho Natalia }Lawyer Line ...... (301) 424-7040 Patrick W. Dragga [email protected] and [email protected] Suzy L. Eckstein Charles L. Frederick William E. Hewitt, Jr. Bar Foundation Heather Q. Hostetter Marleni CLE Seminars and Events Coordinator ...... (301) 340-2534 Elizabeth G. Loggia Stephen H. Ring [email protected] Deborah L. Webb Alan S. Zipp Pro Bono Program New Practitioners Co-Chairs: Heather S. Collier & Lili Khozeimeh Client Intake Lines ...... (301) 424-7651 COMMITTEE CHAIRS ...... (301) 424-7652 Assoc./Found. – Ann. Mtg. & Law Day – Richard H. Melnick, Chair – (240) 777-6738 Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180 & The following staff listing is not for public information. It is for attorney use only. Mimi L. Magyar-Socorso, Co-Chair – (301) 230-5212 Bench/Bar-District Court – John E. Lavigne, Chair – (240) 773-9641 Mary Kay Canarte, Managing Attorney (Part-Time) ...... (301) 762-5831 Catastrophic Health Emergency – VACANT, Chair – [email protected] Courthouse Construction – Mary Ellen Flynn, Chair – (301) 563-6685 Fee Dispute Resolution – Michael J. McAuliffe, Co-Chair – Jennifer Office Administration / Client Coordination ...... (301) 424-2706 (301) 762-1696 & Deborah L. Webb, Co-Chair – (301) 657-0725 Judicial Selections – Daniel L. Shea, Chair – (301) 424-1060 [email protected] Jo B. Fogel, Vice Chair – (301) 468-2288 Lawyer to Lawyer – F. Patrick Kelly, Chair – (301) 279-5600 Ingrid Office Administration / Client Coordination ...... (301) 762-8488 Lawyer Referral – Jeffrey Van Grack, Co-Chair – (301) 657-0159 & Dawn E. Bowie, Co-Chair – (301) 340-1050 [email protected] Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 & Samuel M. Shapiro, Co-Chair – (301) 340-1333 Legislation – Hadrian N. Hatfield, Chair – (301) 657-8805 Strategic Planning – David A. Pordy, Chair – (301) 230-5205 FOR LAWYERS WHO Nominations & Elections – Heather Q. Hostetter, Chair – BAR FOUNDATION OFFICERS (301) 657-8805 NEED HELP Professionalism & The Quality of Life - Elizabeth G. Loggia, Chair – (301) 340-9393 & Wendy B. Karpel, Vice-Chair – (240) 777-6726 If you are aware of attorneys who are having (Effective July 1, 2008) Social – Kathleen A. Dolan, Co-Chair – (301) 608-3000 & Neal W. Tyra, Co-Chair – (301) 315-0811 problems with alcohol, drugs, stress, emotional Softball – Charles B. Lipscomb, Chair – (301) 738-7000 problems and related illnesses that interfere with President: Mary Ellen Flynn Specialty Bar Associations – Susan Silber, Chair – (301) 891-2200 President-Elect: Paul B. DeWolfe Technology – C. Sei-Hee Arii, Co-Chair – (301) 762-8545 & their professional or personal lives, please call the P. Lindsay Parvis, Co-Chair – (301) 340-9090 Lawyer-to-Lawyer Committee. Committee mem- Treasurer: Donna E. Van Scoy Unauthorized Practice of Law – Ronald M. Abramson, Chair – bers are available to assist lawyers find confidential Assistant Treasurer: Nancy A. Sachitano (240) 386-3000 Past President: John C. Monahan Youth Courthouse Project – Holly D. Reed, III, Co-Chair – effective programs to suit their needs. (301) 587-9480 & Patricia P. Via, Co-Chair – (240) 777-6700 All calls are strictly confidential. BOARD OF DIRECTORS SECTION CHAIRS Douglas M. Bregman John J. McCarthy F. Patrick Kelly, Chair Alternative Dispute Resolution – Ellen F. Kandell, Co-Chair – Eun (Jeannie) K. Cho Rachel T. McGuckian (301) 588-5390 & Judith A. Mustille, Co-Chair – (301) 424-1720 Phone: (301) 279-5600 Animal Law – Mindy Felinton, Chair – (301) 237-9696 Glenn M. Cooper Patrick C. McKeever E-mail: [email protected] Business Law – James L. Parsons, Jr., Co-Chair – (301) 424-5100 & Charles B. Day Camilla O. McRory David P. Shapiro, Co-Chair – (301) 986-1644 Commercial Litigation – J. Bradford McCullough, Co-Chair – David S. DeJong A. Howard Metro (301) 657-0734 & Jeffrey M. Schwaber, Co-Chair – (301) 838-3210 FRIENDS OF BILL W. Paul B. DeWolfe Robert C. Park, Jr. Criminal Law – Marc R. Emden, Co-Chair (Defense) – (301) 762-7007 & Jessica Zarrella, Co-Chair (State) – (240) 777-7469 LAWYER MEETING E. Joseph Fitzpatrick, Jr. Nancy A. Sachitano Education Law – Patrick J. Hoover, Chair – (301) 424-5777 Jo B. Fogel Linda D. Schwartz Elder Law – Camilla O. McRory, Chair – (301) 762-7473 For time and location of the meetings, please Robert B. Hetherington Richard S. Stolker Employment Law – Laurel N. Anchors, Co-Chair – (301) 990-6065 & call Lawyer-to-Lawyer Committee member, Dan Christina V.B. Ballance, Co-Chair – (202) 572-5500 Hon. Eric M. Johnson Harry C. Storm Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223 Gaskill at (301) 279-7400. Family Law – Reza Golesorkhi, Co-Chair – (301) 230-5200 & Paul F. Kemp Joseph P. Suntum Rhian McGrath, Co-Chair – (301) 907-2804 & Susan S. Magazine Marvin Waldman P. Lindsay Parvis, Co-Chair – (301) 340-9090 BAR ASSOCIATION OF MONTGOMERY COUNTY, MD Federal Practice – VACANT, Chair Mimi L. Magyar-Socorso Alan S. Zipp Health Law – VACANT, Chair NEWSLETTER Immigration – Cynthia G. Katz, Chair – (301) 838-4400 (USPS 430-930) ISSN-1079-0780 COMMITTEE CHAIRS Intellectual Property & Technology – Albert M. Churilla, Co-Chair – is published monthly except July/August combined Bar Revue – Steven J. Bienstock – (301) 251-1600 (301) 319-9846 & Michael L. Greenberg, Co-Chair – (202) 625-7000 Cable T.V./Law School for the Public – Lauri E. Cleary, Co-Chair – Juvenile Law – Stephanie L. Joseph, Co-Chair – (240) 773-9641 at $25.00 per year by the (301) 657-0176 & William C. Davis, III, Co-Chair – (301) 230-5217 & Carlotta A. Woodward, Co-Chair – (301) 424-6366 Bar Association of Montgomery County, MD Continuing Legal Education – John R. Garza, Chair – (301) 838-3585 Law Firm Management – David M. Schoenfeld, Chair – (240) 243-7200 27 West Jefferson Street, Rockville, MD 20850-4200 Diversity Award – Rachel T. McGuckian, Chair – (301) 762-1600 New Practitioners – Heather S. Collier, Co-Chair – (301) 340-9090 & CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707 Lili Khozeimeh, Co-Chair – (301) 340-9090 PERIODICALS POSTAGE PAID Endowment – Glenn M. Cooper, Chair – (301) 951-9322 Mentor/Mentee (sub of New Practitioners) - Maeve McGrath – Rockville, Maryland 20850-4200 Facilities – Patrick C. McKeever, Chair – (301) 762-5212 (301) 610-0110 POSTMASTER: Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 & Chamber Chats – Alison C. Weinberg, Chair – (301) 838-3218 Alison W. Rind, Co-Chair – (301) 657-0750 Personal Injury Litigation – Hong S. (Paul) Chung, Co-Chair (Plaintiff) – Send address changes to: Governance – Nancy A. Sachitano, Chair – (301) 657-8805 (301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (301) 762-7770 Bar Association of Montgomery County, MD, Newsletter Pro Bono – Marvin Waldman, Chair – (301) 933-4500 Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 & School Mock Trial – Bradford S. Bernstein, Co-Chair – (301) 762-1600 & Alexis H. Peters, Co-Chair – (301) 255-0538 27 West Jefferson St., Rockville, Maryland 20850-4200 Rachel T. McGuckian, Co-Chair – (301) 762-1600 Taxation – Glenn M. Anderson, Chair – (301) 762-5212 Julie Petersen, Executive Director & Editor Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 833-3217 Workers Compensation Law – Jonathan S. Beiser, Co-Chair – Cindy Brandenburg, Assistant & Advertising Editor & Rene Sandler, Chair (School Division) – (301) 610-9797 (301) 770-3737 & David M. Schoenfeld, Co-Chair – (240) 243-7200

2 The Bar Association of Montgomery County, MD Newsletter December, 2008 CURRENT UPDATE

CIRCUIT COURT FAMILY got a lot out of the presentation, including new DIVISION attorneys as well as not-so-new attorneys. LEGAL ETHICS Please join us on December 4, 2008, at Mediation/Facilitation Invoices HOTLINE 7:45 a.m. in the CLE Classroom of the Bar If you provide mediation services for the Building, 27 West Jefferson Street in John Maloney - 240-777-7392 Juvenile Department or facilitation services for Rockville for a delicious breakfast and a spe- Allen J. Katz - 301-840-8007 the Family Division, please make sure your cial presentation by the Honorable Thomas L. invoices are submitted as promptly as possible. For a written confidential opinion, submit Craven, who will give us his "Views from the The Court's fiscal year runs from July 1st your written request, marked confidential, to Bench." Jeffrey M. Axelson, c/o Bar Association of through June 30th. With the many restraints Diana Metcalf, Chair Montgomery County, MD, 27 West Jefferson that the County and State are experiencing St., Rockville, MD 20850. with regards to funding, it is imperative that invoices for services be received for payment HIGH SCHOOL MOCK within the fiscal year that the services were TRIAL COMPETITION performed. ever reason you simply can not access your The High School Mock Trial office computer and files, think Live Mesh. Competition is scheduled for January through Appointment of Counsel for Children This free Microsoft program lets you March of 2009. If you are interested in coach- access up to five computer devices and the When the Court appoints counsel to rep- ing a team or acting as a judge for the compe- resent children, it may order the parties to pay files located on each from anyone of your tition, please contact program chair, Bradford selected computers. Say for instance, you are reasonable compensation for such representa- S. Bernstein at 301-762-1600. tion and may apportion those costs equitably. at home and you need a file on your office computer and let's assume further that you Where the Court determines that the parties TECHNOLOGY are unable to bear the expense of such repre- have no dedicated file server and no VPN sentation, it may request that the Family Law COMMITTEE … TECH TIPS access to your office. With Live Mesh already installed on your office and home computers, Fund pay some or all of the costs. For Microsoft Windows Live Mesh - A New you need simply log in to Live Mesh through appointments made on or after May 21, 2007, and No-Cost Network the limit of compensation was raised to a max- a fast internet connection and your problems imum of $2,000. Install ActiveX Control? I am sure to get are solved. With Live Mesh you can easily Please note that the Family Law some argument on this but I believe that so access the files on your office computer from Grant, which funds these appointments, long as you are careful to download programs your home PC. Let's go one step farther and has been cut. Therefore, if you are appoint- only from reliable sources such as Microsoft, assume that your office PC is in need of a ed as a Best Interest Attorney, fees will be there is no harm or danger to your computer in reboot (Remote Desktop will not easily allow capped at the amount noted above. downloading this file. The ActiveX control for this) but here again, Live Mesh comes in Madeleine Jones, Coordinator file is necessary in order to take benefit from quite handy by allowing you to bring up the countless programs available to the user Task Manager on your faulty office computer BAR FOUNDATION CLE through the Internet. One free program in par- and from there to either kill the errant running BREAKFAST PROGRAM ticular I’ve mentioned before in this column process(es) or restart your remote computer that I have been using with frequent success altogether. Many thanks to the Honorable Robert A. recently is known as Live Mesh. This program The other neat feature about this program Greenberg for presenting his tips on is free and available from Microsoft simply by allows for the creation of desktop folders "Common Mistakes Made by New Attorneys" pointing your browser to http://livemesh.com. which enable certain files that you select to on November 20, 2008. From the lively dis- If you are unable to access your office VPN remain synchronized at all times regardless of cussion, it appeared that the entire audience account (assuming you have one) or for what- (Continued on page 5) Collaborative Law Team Training (Basic and Advanced - bringing MD, DC and VA professionals together) Basic Team Training (3 days): January 29th, 30th, and 31st Advanced Team Training (2 days): January 30th and 31st Trainers: Susan Gamache, PhD, British Columbia Malcolm McCollam, JD, Oklahoma Amy Wolff, CFP, CDFA, Minnesota Sponsored by: D.C. Academy of Collaborative Professionals For more information, contact Valerie Rice (202) 466-8960 or [email protected]

December, 2008 The Bar Association of Montgomery County, MD Newsletter 3 PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) In the ensuing standoff between the FBI and rights. In a most profound way, he believed, Likewise, what do Judges John BIA police and the members of the Oglala that anytime a constitutional right is McAuliffe, Joseph Murphy, Irma Raker and Sioux Nation, the following telegram was ignored, liberty dies a little… defense attorneys Alan Goldstein, Fred sent to NACDL, "WE NEED HELP He was never afraid of taking on an Warren Bennett and Bill Brennan have in FROM NACDL>MASSIVE PROBLEMS unpopular cause. That never bothered him. common? Each are one of twenty-seven OF REPRESENTING NEARLY 400 To him the practice of law was a proud call- recipients of the Maryland State Bar CRIMINAL DEFENDANTS CHARGED ing. He practiced it like a religion. He prac- Association's Robert C. Heeney IN FEDERAL TRIBAL AND STATE ticed it with skill, integrity and humor". Memorial Award. This coveted award rec- COURTS IN CONNECTION WITH Bob was known to mentor young ognizes that Maryland lawyer, who WOUNDED KNEE>STRONG LOCAL lawyers, take them to court with him and throughout his or her distinguished career PREJUDICE AGAINST INDIANS. tutor them through example. What an educa- mirrors the highest professional standards Bob went to Wounded Knee and sub- tion! His son reports that he tried more than of achievement in the field of criminal law sequently rallied dozens of lawyers from a hundred capital cases during his long and achieved by Bob Heeney. across the nation who at their own expense illustrious career. According to Joe Quirk, For one lawyer from Rockville, went to Rapid City, SD to defend the then one of the young lawyers in his office, Maryland to be honored nationally and Indians when no one else would. he would describe the art of cross-examina- statewide with two awards named after him Locally, he was known as a "lawyer's tion as "just talking to people", "be relaxed, is remarkable. It is a reflection of this local lawyer". At his 1981 memorial service held be real and talk to people". He wasn't above trial lawyer's contribution to our profession. in the circuit court before the Honorable appealing to the Irishmen on his juries by In August of 1973, the Oglala Sioux Joseph M. Mathias, his son Tom Heeney (a emphasizing his own Irish heritage. He Nation occupied the trading post at renowned trial lawyer in his own right) had would never try a case without carrying with Wounded Knee, South Dakota, the sacred this to say about his dad. "He believed that him, the criminal trial lawyer's bible, site of the 1890 battle in which hundreds of the defense of an accused was the highest "Hochheimer's Laws of Crime and Criminal men, women and children were killed by calling of our profession. He believed Procedure." His bookmarker was always a the government forces in what history has throughout his career in the nobility of the shamrock. Invariably, when addressing the recorded as the "Battle of Wounded Knee". championing and protecting of people's jury, he would drop the bookmarker, (the shamrock) pick it up and proceed with his address. Bob Heeney was one of a kind. ~ I would be remiss, if I didn't take a moment to congratulate the Bar Foundation for the most successful Fall Outing ever. Co-chairs Jim Hammerschmidt and Alison Rind and the other committee members deserve our thanks and congratulations for putting so much work into making this a successful event. Sponsorship nearly dou- bled thanks to the efforts of co-chairs Brad Bernstein and Casey Moore. The silent auc- tion had its best year ever raising more than four thousand dollars thanks to co-chairs Ivonne Lindley and Monica Harms. It is amazing in these very difficult economic times; the Montgomery County bar was more supportive than ever. Funds raised by this event go to help support the many pro bono programs sponsored by the foundation. The sponsors, the committee and the participants should be applauded. As we enter the holiday season, it is always a good time to reflect on what we have to be thankful for and what we can celebrate. On behalf of the officers, the executive committee and the staff of the Bar Association of Montgomery County, I would like to wish all of you health and happiness in the holiday season and in the coming year. Paul B. DeWolfe

4 The Bar Association of Montgomery County, MD Newsletter December, 2008 CURRENT UPDATE

(Continued from page 3) Women's Bar Association, The Maryland which of the five computers you are in front of Hispanic Bar Association, The J. Franklyn at any given moment. Let's say that you're Bourne Bar Association, The Asian Pacific working on taxes with an Excel spreadsheet at American Bar Association, The Maryland the office but you'd like to make it home in Gay/Lesbian Bar Association, The Daniel time for dinner even though you’re not fin- O'Connel Law Society, and The Simon E. ished crunching the taxes. Before you leave Sobeloff Law Society. The celebration is a the office, if you leave a copy of the spread- casual evening of ethnic music, dancing, food, sheet in the Live Mesh desktop folder you've beer and wine and enjoyment, at the Women's created for just such occasion, then you can Club of Chevy Chase, 7931 Connecticut make it home for dinner and have a copy of Avenue. NEW PRACTITIONER SECTION your spreadsheet waiting for you to finish up There will be no speeches or awards, no at home using your home computer - assum- serious work at all! The idea is to have fun ing both your home and office computers have and appreciate different ethnicities and cul- TOYS FOR TOTS GIFT DRIVE Live Mesh up and running. When you're fin- tures. We are excited to share with the spe- (to benefit the Marine Corps ished working on the spreadsheet simply save cialty bars, unique flavors in music, dance, Toys for Tots Campaign) your work to the desktop folder and when you entertainment, and refreshment from their get into work the next morning you may home countries. Our diversity is what makes resume without missing a beat by accessing the legal community interesting. Through December 12, 2008 the file for your office desktop folder, auto- Along with contributions of authentic food, matically synchronized from work to home music, and dance, each specialty bar associa- The New Practitioner Section and back again. Not a bad deal considering tion will host a booth with information avail- the program is completely free. I would love able for anyone who would like to learn more is collecting gifts for the to hear from anyone out there who has experi- about what they do. The event is informal. Marine Corps Reserve Toys ence with Live Mesh! Business or casual attire is great; traditional for Tots Campaign Patrick Hoover, Technology Committee ethnic dress is encouraged. We would appreciate your sponsorship for We are collecting new, unwrapped Award Winning our event. The price of sponsorship is toys and gifts for all ages. Don’t PARTY AROUND THE WORLD $500.00. For this donation, you will receive "A Celebration of Diversity" your company's name prominently displayed forget items for teens such as gift April 2, 2009 at the event, a table to advertise your product, cards, CDs, watches, gym bags, The Maryland State Bar Association two complimentary tickets, and our sincere cosmetics and jewelry. Local and Specialty Bar Liaison Committee gratitude. Thank you for helping to make this awarded Party Around the World the Best exciting event happen. Please drop off unwrapped gifts at The 2009 Party Around The World Service to the Bar for 2007-2008! Party the Bar Association Building at 27 Around the World is a collaboration of the Bar Planning Committee Association of Montgomery County, West Jefferson Street in Rockville Maryland, and specialty bar associations from The deadline for submission of copy during normal business hours. all over Maryland to celebrate diversity in the for the newsletter is the th legal profession. Our co-hosts include: The 10 of the month for the Montgomery County Bar Association, The following months’ issue. Montgomery County Chapter of the Maryland

STEPHEN J. DUNN ATTENTION ATTORNEY AT LAW SOLO PRACTITIONERS FEDERAL WORKERS COMPENSATION (OWCP) Looking to Retire? OFFICE OF PERSONNEL MANAGEMENT (OPM) DISABILITY RETIREMENT Changing Careers? U.S. MERIT SYSTEMS PROTECTION BOARD SECURITY CLEARANCE APPEALS Sell Your Practice! Call the Law Offices of 7400 York Road, Suite 405 208 East Market Street Howard J. Walsh Towson, MD 21204-7531 York, PA 17401-1249 Phone (410) 321-8368 Phone (717) 845-7301 301-602-8721 Fax (410) 321-1599 www.sdunnlaw.com

December, 2008 The Bar Association of Montgomery County, MD Newsletter 5 CURRENT UPDATE

CIRCUIT COURT JUDICIAL TELEPHONE DIRECTORY

6 The Bar Association of Montgomery County, MD Newsletter December, 2008 Animals Need Protection Too

Mindy Felinton, Esquire, Chair, BAMC Animal Law Section The Montgomery County Animal Law awakening of the animal rights cause on the several years ago when it enacted legisla- Section was recently created to help further national political scene. Over 25 years later, tion granting certain fundamental rights to the protection of animals. the issues raised in the book continue to stir members of the Great Apes - humanity's The Animal Law Section seeks new controversy. Animal rights, though perhaps closest genetic relatives. More recently, the legal protections for animals as the natural not among the issues at the forefront of German parliament recently added animal outgrowth of the rights reforms that domestic policy concerns, is now a legiti- rights language into the nation's constitu- changed society over the last century. mate topic for discussion; one that stirs tion, a provision acknowledging the coun- Almost universally, animals are considered strong opinions on both sides. try's respect for the basic rights of all living property under the law, simple things to Certainly, societal concern for animals creatures. own. While some animal advocates would is nothing new. Before the United States One goal is to spread awareness that equate this with slavery, a less controversial had abolished slavery, Great Britain was animal rights is an issue. Already, change is picture is that of animals as a good that can home to the world's first animal protection- underway across America and abroad. and should be bought and sold. Animals, ist organization - the Royal Society for the Several countries now recognize, at least on in short, cannot sue to protect themselves Prevention of Cruelty to Animals, estab- paper, some form of animal rights. Several and absent special circumstances, people lished in 1824. Its American counterpart, American communities have begun cannot sue on their behalf. commonly known as the ASPCA, was rethinking the legal labels they attach to ani- In 1975, Peter Singer brought to light founded just a few years later. Such groups, mals and pet owners. We want to make this the new animal protectionist cause in in addition to more well-known organiza- happen in Montgomery County. "Animal Liberation." Commonly associat- tions like the Humane Society and World We welcome you to participate on this ed with animal rights, the book actually rep- Wildlife Fund, advocate a sort of traditional committee. Meetings are held the second resents a utilitarian approach - one that welfare theory for animal protection. Tuesday of the month at Mindy Felinton's denies the rights of any species and instead Other countries, however, do have office located at 200-A Monroe Street Suite lobbies for equal consideration. some sort of animal rights legislation. New 110, Rockville. 5:30PM-6:30 PM. Nonetheless, the book's arrival marked the Zealand, for example, made national news If you are interested in participating, please contact Mindy Felinton at [email protected] or 301-237- 9696.

Online Membership Directory Now Available If you are looking for information on a colleague who is a member of the Bar Association of Montgomery County, you can now find that information on our website. If you do not already have an account, DAVID HARRISON, INC. you will have to create one APPRAISALS before you are able to access the members only section. MD REAL PROPERTY APPRAISALS - $300.00 MD PERSONAL PROPERTY APPRAISALS - $300.00 We ask that you view your COMBINATION FEE - BOTH FOR $500.00 own listing for accuracy, and MD LICENSE #83 send any corrections to Clarice CERTIFIED APPRAISER #38315 at [email protected]. LICENSED BROKER MD SINCE 1959 Please note that most law WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS &COLLECTIBLES. school year information listed REFERENCES - FAST SERVICE - TOTAL CLEANOUTS - DELIVERIES - SHIPMENTS CALL FOR OUR LITERATURE - WE BUY, SELL, RESTORE, APPRAISE & ACCEPT CONSIGNMENTS is incorrect. 301-258-9317 www.marylandappraiser.com

December, 2008 The Bar Association of Montgomery County, MD Newsletter 7 NEW PRACTITIONER SECTION

Congratulations to all those who Campaign. Do a good thing! Donate an Judge Rowan. For more information, please passed the July Bar Exam and are getting unwrapped gift today. Gifts for all ages contact Casey Weinberg, at (301) 838-3318 ready to be sworn in at the Maryland are encouraged, but don't forget items for or [email protected]. Court of Appeals later this month. The teenagers such as gift cards, CD's, watch- New Practitioner's Section is looking for- es, backpacks, cosmetics, and jewelry. MENTOR/MENTEE ward to welcoming you to the Drop your toy off at the Montgomery COMMITTEE Montgomery County Bar Association! County Bar Association Office Building, Thank you to everyone who has located at 27 West Jefferson Street, As many of you know, the Bar already donated to our toy drive for the Rockville, Maryland, M-F during normal Association has a Mentor Program for Toys for Tots Campaign. We are still col- business hours, or contact Heather Collier New Practitioners. Maeve L. McGrath is lecting donations–please see below for or Lili Khozeimeh at (301) 340-9090 for this year's chair and she is in the process information on where and how to donate. additional drop-off options. We will be of pairing mentors with mentees. The collecting toys through December 12th- mentoring program purpose is to foster TOYS FOR TOTS let's make this our biggest donation year professionalism and improve the practice yet! of law in Montgomery County by having There are many children in our com- experienced practitioners known for their munity, and throughout the state, who do CHAMBER CHATS high degree of professionalism and com- not experience the giving and sharing that mitment to excellence, impart their occurs during the holiday season. The The December Chamber Chat will be knowledge to new practitioners. We are Bar Association has the ability to make a hosted by the Honorable William J. Rowan looking for mentors in all practice areas difference and truly spread some holiday III on December 10, 2008 at 12:30 pm in and she would appreciate your time and cheer. Beginning November 1st, we his chambers located on the 7th floor of the assistance by volunteering to mentor a began collecting new unwrapped toys to Circuit Courthouse in Chambers Room new practitioner. Should have any ques- make our annual contribution to the 711. Please remember to bring your lunch, tions please contact Maeve at 301-610- Marine Corps Reserve Toys for Tots your colleagues and your questions for 0110 or [email protected]. Heather S. Collier, Co-Chair Lili Khozeimeh, Co-Chair

8 The Bar Association of Montgomery County, MD Newsletter December, 2008 COMMITTEES & SECTIONS

ALTERNATIVE DISPUTE All meetings will be held on the 2nd We look forward to seeing you next year! RESOLUTION SECTION Tuesday of each month at Noon in the David P. Shapiro, Co-Chair Conference Room at the Law Offices of James L. Parsons, Jr., Co-Chair MEETING DATES Mindy Felinton, 200A Monroe Street Suite December 10, 2008 March 11, 2009 110, Rockville, MD 20850, unless otherwise CINA/DELINQUENCY January 14, 2009 April 8, 2009 noted. BROWN BAG BENCH BAR February 11, 2009 May 13, 2009 MEETINGS The next meeting is December 10th at BUSINESS LAW SECTION 8:00a.m. at the Broadway Diner, 895 November 20, 2008* December 17, 2008** Rockville Pike, Rockville. We will be dis- The Business Law Section would like to *Delinquent **CINA cussing the details of the mediator referral thank Alan Eisler, Esquire, for his presenta- All meetings will be held in Courtroom program through the lawyer reference serv- tion on the bankruptcy tools available to busi- 18 of the District Court Building at 12:30 - ice. ness owners and the fundamentals of the 1:30 PM. CINA bench/bar meetings will be We will be joining with several other sec- Bankruptcy Code. The program was very held on a Wednesday and Delinquent bench/ tions to conduct sessions on Dispelling the Five thoughtful and relevant, particularly in light of bar meetings will be held on a Thursday. Myths About ADR. We will be having a joint the instability in the economy. Please submit any agenda items that you may meeting with the personal injury section on Please note that the Business Law have to Ann Wilson at February 27th or March 27th at noon in the con- Section will not hold a Section meeting in [email protected], two days before the ference room of the bar association building. December. So, on behalf of the Co-Chairs and meeting. Watch for details in the January newsletter. the Advisory Council, we wish all of you a Ellen F. Kandell, Co-Chair happy, healthy and prosperous holiday season CIRCUIT COURT BENCH Judith A. Mustille, Co-Chair with friends, family and co-workers. In the BAR COMMITTEE interim, we are working hard to complete an MEETING DATES ANIMAL LAW SECTION outstanding program schedule for late winter MEETING DATES and spring! We look forward to seeing you in December 3, 2008 March 4, 2009 January. January 7, 2009 April 1, 2009 January 13, 2009 March 10, 2009 Of course, we welcome your calls and e- February 4, 2009 May 6, 2009 February 10, 2009 April 14, 2009 mails if you have a request or an idea for a All meetings will be held on the 1st May 12, 2009 program speaker or topic. Wednesday of the month at 8:00a.m. in the Administrative Judge's Conference Room on the 3rd floor of the Circuit Court building in Rockville. The Clerk of the Court, Loretta Knight, brought the following matters to the attention of the Committee: Blank Orders: Please remember to provide blank orders for all motions filed with the court. Release of Funds: The order provided with a Request for the Release of Funds from the court registry needs to be specific. This order should contain the following wording: "The principal balance of funds deposited in the registry of the court, plus any accrued interest and minus administrative costs, shall be promptly (Continued on following page)

December, 2008 The Bar Association of Montgomery County, MD Newsletter 9 COMMITTEES & SECTIONS

(Continued from preceding page) shield or file motions to seal, as needed. DISTRICT COURT BENCH released to ______, Suggested forms are found at BAR COMMITTEE and mailed to (if applicable) http://mdcourts.gov/access/brochuresforms.ht MEETING DATES ______." ml Contact the Clerk of the Court if you need Since the interest amount is obtained by assistance. December 4, 2008 February 5, 2009 the Clerk's Finance Office from the bank state- The Clerk reminds everyone if you have January 8, 2009 March 5, 2009 ment, do not put a dollar amount for the inter- any concerns or suggestions regarding court- April 2, 2009 est in this order. If funds are to go to more house services, to please let her know. Phone: All meetings will be held on the 1st than one party, please state how the funds, 240-777-9467; email: [email protected]. Thursday of the month at 8:00a.m. in the administrative costs and interest are to be If you have any concerns to bring to the Judges' Conference (4th Floor) in the District divided. Committee's attention, please feel free to Court building in Rockville, unless otherwise Dismissal Fee: When a voluntary dis- contact any Committee member or the Co- noted. missal is filed, a dismissal fee of $15.00 must Chairs: David at (240) 778-2330, John E. Lavigne, Chair be paid in addition to any outstanding court [email protected]; or Mimi at costs. For example, the voluntary dismissal (301) 230-5212, [email protected]. EDUCATION LAW SECTION of a Jury Demand Case requires the payment David C. Merkin, Co-Chair of the outstanding filing fee of $105.00 plus Mimi L. Magyar-Socorso, Co-Chair MEETING DATES the dismissal fee of $15.00. December 5, 2008 March 6, 2009 Attorney Certification: Pursuant to COMMERCIAL LITIGATION January 9, 2009* April 3, 2009 Rule 1-313, if the address of your law office is SECTION February 6, 2009 May 1, 2009 not in the State of Maryland, please remember *Happy Hour starting at 4PM at a location to to attach a signed affidavit stating that you can The next breakfast meeting of the be announced practice law in the State of Maryland with Commercial Litigation Section will take place All meetings will be brown bag sessions your first pleading that you file in an action. on Tuesday, January 13, 2009, from 8:00 - to be held on the 1st Friday of the month at New Suits/Depositions: Always provide 9:00 a.m., at the offices of Stein, Sperling, 12:00 Noon in the Conference Room of the the names and addresses for all parties in a Bennett, De Jong, Driscoll & Greenfeig, P.C., Bar Association building, unless otherwise new suit. This is applies to all new cases even 25 West Middle Lane, Rockville. Please noted. if it is just to issue a subpoena for a deposition. RSVP to Chris Grube at (301) 838-3269, or Patrick J. Hoover, Chair Discovery Material: Pursuant to Rule [email protected]. More informa- 2-401(d)(2), discovery material is not to be tion as to speaker and topic will be published filed with the court. Instead, the party gener- and circulated in the near future. ELDER LAW SECTION ating the discovery material shall file with the Jeffrey M. Schwaber, Co-Chair NEXT MEETING: Wednesday, court a Notice of Discovery. J. Bradford McCullough, Co-Chair December 7 at 8:00a.m. Request for Writs: Please remember a SPEAKER: Details to be posted to the request for a writ requires an original and four CRIMINAL LAW SECTION section listserve (4) copies. MEETING DATES LOCATION: BAMC Building, 27 West Appearance Fee: Montgomery County Jefferson Street, Rockville, MD. Please send does not have an Appearance Fee. January 6, 2009 March 3, 2009 an email to me (or to the listserveas you pre- Filing Fees: The following filing fees February 3, 2009 April 7, 2009 fer) to confirm attendance. We hope all mem- are often forgotten: All meetings will be held on the 3rd bers will make every reasonable effort to Motion for Special Admission MD Tuesday of the month at 5:30p.m. in the attend to have good participation for the Rule 14 - $25.00 Conference Room of the Bar Association speaker to be announced. All speaker sugges- Request for Oral Examination MD building, unless otherwise noted. Food and tions welcome. Rule 2-633 - $50.00 beverages will be served. Camilla O. McRory, Chair Satisfaction of Judgment - $15.00 There will be no meeting in December. Public Access Rule: Be aware of confi- Marc R. Emden, Co-Chair dential information in pleadings. Request to Jessica L. Zarrella, Co-Chair EMPLOYMENT LAW SECTION CIRCLE Twenty Four Years of MARK YOUR CALENDARS: Superior Service • 12/4/08 at 7:45am Breakfast TREATMENT Thank you to Pat Clancy of Venable LLP CENTER To The Community and Diane Seltzer of the Seltzer Law Firm for giving a lively discussion of settlement nego- * DWI Evaluation, Education/Counseling (6 weeks and 26 weeks) tiations and agreements from both the plaintiff * Adolescent and Adult Drug/Alcohol Programs and defendant points of view! * Outpatient Mental Health Services On December 4th, Rebecca Strandberg * Individual, Couples, Group therapy by licensed professionals of Rebecca N. Strandberg & Associates will * Approved and Certified by the State of Maryland discuss harassment in employment law from both the employer and employee perspectives. * MVA classes in Spanish and English (new licenses) This discussion will encompass harassment in 424 N. FREDERICK AVE., #8A, GAITHERSBURG, MD ~ 301-258-2626 the context of the Family and Medical Leave Act and the discrimination laws, etc. www.circletreatment.com Watch out for a discussion of the tax COMPLETE CONFIDENTIALITY ASSURED implications of employment law settlements in 2009!

10 The Bar Association of Montgomery County, MD Newsletter December, 2008 COMMITTEES & SECTIONS

Listserve: if you are not getting our e- FAMILY LAW SECTION DON'T FORGET TO MARK YOUR mails, please contact the Bar Association and CALENDARS–the annual Family Law make sure they have your correct e-mail Section Meetings Section's Holiday Party has been set for address so you can be an active member of the December – TBD February – TBD Thursday, December 11, 2008. This year, the listserve and receive updates and details on the January 15, 2009 March – TBD party will be hosted by Deckelbaum Ogens & meetings. April 16, 2009 Raftery, Chartered, on December 11, 2008 All meetings will be taking place at the The Family Law Section will continue to beginning at 5:30 p.m. It should be another Bar Association, 27 W. Jefferson Street, hold its monthly meetings at the Bar CLE fun and festive event for all to enjoy. See the Rockville, MD 20850. classroom on the 3rd Thursday of each month flier insert in this Newsletter for more details We welcome any ideas for topics and/or beginning at 5:30p.m., unless otherwise indi- and information about how to RSVP. speakers for meetings and CLEs. Please e- cated. Regular Section meetings are held on mail Christina at Thank you to Kim Rhodes and April the third (3rd) Thursday of the month at 5:30 [email protected] with any ques- Nicholson for their presentation on November p.m. in the Bar CLE Classroom, unless other- tions or concerns and to RSVP for the 20, 2008 on "Family Case Management wise noted. Breakfast CLE's are held at 7:45 Section's regular meetings. Issues." Thanks and appreciation is also due a.m. and evening CLE's are held at 5:30 p.m. Laurel N. Anchors, Co-Chair to Cindy Callahan, Meg McKinney, Debby in the Bar CLE Classroom. Christina V.B. Ballance, Co-Chair Reiser & Kathleen Dumais on their presenta- Upcoming Events: tion on November 20, 2008 regarding the pro- December 3, 2008: CLE Presentation -BAR ESTATE & TRUST LAW posed legislation on "New Child Support CLE Classroom SECTION MEETING DATES Guidelines." Additionally, the Masters December 11th: Holiday Party 5:00 pm Roundtable discussion on October 30, 2008 (held at the Law offices of Deckelbaum, January 26, 2009 March 9, 2009 provided us valuable insights into specific Ogens & Raftery) February 9, 2009 April 20, 2009 family law issues. We appreciate everyone's January 15, 2009: Section Meeting/ ~ There will be no meeting in December ~ continued support of the Section. Presentation-BAR CLE Classroom All meetings will be held on the 2nd Our next section CLE will be on February 2009 (TBD): Section Monday of the month at Noon at the offices of December 3, 2008 at 5:30 pm in the BAR Meeting/Presentation-BAR CLE Shulman, Rogers, Gandal, Pordy & Ecker, CLE Classroom. Classroom P.A. at 11921 Rockville Pike, Rockville, MD, "How to Use a Business Valuation and March 2009 (TBD): Section Wine & Cheese unless otherwise noted. Lunch will be provid- Economic Expert at Trial" Reception ed at no cost to attendees at 11:45a.m. Speakers: Scott M. Strickler, Esq., Glenn M. April 16, 2009: Section Meeting/ Jay M. Eisenberg, Chair Cooper, Esq. Presentation-BAR CLE Classroom Lastly, don't forget that through the Bar Association's new and improved website INSIGHT TREATMENT you can now sign up, register and pay for CLE's online. You can register online by going to the Calendar page of the BAMC CENTERS website (http://www.montbar.org/calendar/), hit "Register", after providing your log-in information, you will be able to register and AOC/ADAA pay. Hope to see all of you at the December Approved and Certified – Fully Confidential CLE presentation and Holiday Party. Alcohol and Drug Abuse Rehabilitation Programs Reza Golesorkhi, Co-Chair Rhian McGrath, Co-Chair P. Lindsay Parvis, Co-Chair DWI SERVICES (Continued on following page) Pre-Trial Evaluations • 6-Week DWI Program 26-Week DWI Program • Intensive Outpatient Domestic Disputes • Child Custody Evaluations

Patricia Harris, CEO Don Oberg, Ph.D. President Clinical Director

4920 Niagra Road, Suite 101 210 Auth Rd., Suites 100 + 303 College Park, MD 20740 Suitland, MD 20752 Phone: 301.345.1200 Phone: 301.423.0967

24 Hour Voice Mail: 202.907.4898 [email protected] http://www.insighttreatmentcenters.net

December, 2008 The Bar Association of Montgomery County, MD Newsletter 11 COMMITTEES & SECTIONS

(Continued from preceding page) All meetings are held on the 2nd improve morale. We expect the meeting to be IMMIGRATION LAW Wednesday of the month at 12:30p.m in insightful and beneficial. I urge all law firm Courtroom 20 of the District Court. Pizza will administrators to attend the December 12, SECTION be provided. 2008 meeting. Should you have any questions Mark your calendars for the section The Juvenile Section will host a Holiday regarding the meeting, please contact me Holiday Get-Together / Party / Mixer on Happy Hour at Gordon Biersch on directly at [email protected] or Thursday December 18, 2008 @ 5:30 pm. Wednesday, December 10 at 4:30PM. All 240 243 7200. Mr. Johnson is providing this We are in the process of discussing locations are welcome. We will resume our monthly seminar as a service to the bar and I would and are still open to suggestions. This is the business meetings on Wednesday, January greatly appreciate a strong turnout for him. opportunity to make new acquaintances and 14 at 12:30 in Courtroom 20 in the District Our meetings will return to their regular- renew / catch-up on long-term associations. Courthouse. ly scheduled third Thursday in January. Please join us! Stephanie L. Joseph, Co-Chair David M. Schoenfeld, Chair Although I was out of state and, there- Carlotta A. Woodward, Co-Chair fore, could not attend the Immigration and Criminal Law Mixer on November 13, 2008, LAW FIRM MANAGEMENT LEGAL ETHICS COMMITTEE hopefully, all of you in attendance found it to SECTION MEETING DATES MEETING DATES be extremely worthwhile and fun. The December 9, 2008 March 11, 2009 Maryland Immigrant Rights Coalition December 12, 2008 March 19, 2009 January 14, 2009 April 7, 2009 (MIRC) with the DC Chapter of the American January 15, 2009 April 16, 2009 February 11, 2009 May 13, 2009 Immigration Lawyer's Association (AILA), February 19, 2009 May 21, 2009 All meetings will be held on the 2nd and the Maryland Office of the Public All meetings are held on the 3rd Wednesday of the month at 4:30p.m. in the Defender all perform very important roles and Thursday of the month at 8:00a.m. Please Conference Room of the Bar Association deserve tremendous recognition. note: The meetings will likely rotate between Building, 27 West Jefferson St., Rockville, In order to remain current, please make the Ward & Klein, Chartered and Shulman, MD, unless otherwise noted. sure that you are on the section listserve for Rogers, Gandal, Pordy & Ecker, P.A. and I updates about events and breaking news. If welcome the involvement of the law firm Jeffrey M. Axelson, Co-Chair not, the BAMC office can help you. administrators and managing partners. Samuel M. Shapiro, Co-Chair Again, please think about contacting Parking is free. local business owners and community leaders, At our last meeting, we had a lively dis- PERSONAL INJURY including clergy, to facilitate local, state, & cussion regarding law office administration, LITIGATION SECTION federal (legislative) advocacy. NOW, if you including facility usage. are interested in working on local/state/feder- December 12th Meeting, Guest Speaker: January 30, 2009 February 27, 2009 al advocacy issues please email me, Cynthia Bruce Johnson will be our guest at our March 27, 2009 May 29, 2009 Groomes Katz, at [email protected] December 12, 2008. Please note, this is not All meetings will be held on the last AND Make A Difference! our normally scheduled date. The December Friday of the month at Noon in the Conference Change is in the air! 2008-2009 might meeting will take place on December 12, 2008 Room of the Bar Association Building, unless prove to be the Years of the Immigrant and we at 8:00 a.m. It will be held in Shulman otherwise noted. welcome that challenge! Come; take action, Rogers' large conference room located on the We hope everyone enjoyed their Make A Difference … your involvement helps fourth floor. Their address is 11921 Rockville Thanksgiving! We appreciate all the support to Continually Raise The Bar! Pike, Rockville, Maryland 20852-2743. we have received over the last year. We wish As always, I look forward to hearing Bruce D. Johnson is the President of "Make It everyone a very safe and happy holiday sea- from you! Please bring your immigration Remarkable Consulting" located in son. questions, comments, concerns, & experience Germantown, Maryland. Bruce will share his The next meeting of the Personal Injury to future events! insight regarding how law firm administrators Litigation Section will be on January 30, Cynthia Groomes Katz, Chair are better able to lead their respective firms 2009 at 12:00 pm at the Bar Association build- more efficiently, increase productivity, and ing. Larry Hoffman from LH Funding INTELLECTUAL PROPERTY & TECHNOLOGY LAW SECTION December 9, 2008 March 10, 2009 January 13, 2009 April 14, 2009 February 10, 2009 May 12, 2009 Meetings will be held on the 2nd Tuesday www.kglaw.us of each month at 8:00 a.m. in the Conference Room of the Bar Association Building. As FEDERAL & STATE "SET ASIDE" LAW always, breakfast fare will be provided. FOR SMALL BUSINESSES & ENTREPRENEURS Albert M. Churilla, Co-Chair HUBZONE, 8A, & SDVOB Compliance, SBA Decertifications & OIG Michael L. Greenberg, Co-Chair Investigations, Defense Against False Claims Act, REA & Change Order Claims, MBE, MDOT, VDOT Certifications & Baltimore County & City Contractor JUVENILE LAW SECTION Compliance MEETING DATES We do the work, You keep the client. December 10, 2008 February 11, 2009 Ari Ghosal, Esq. at [email protected] (301-830-4027) January 14, 2009 March 11, 2009 1111 Bonifant Street, Silver Spring, MD 20910 April 8, 2009

12 The Bar Association of Montgomery County, MD Newsletter December, 2008 COMMITTEES & SECTIONS

Corporation will be our guest speaker. Mr. the new The Legacy Hotel at 1775 Rockville tial goals are to establish a "vision", "purpose" Hoffman will be giving a presentation con- Pike Rockville, MD 20852. The Legacy is and "values" for both the Association and cerning programs to provide surgery to injured located on the South-bound side of Rockville Foundation so that we can attempt to establish persons who do not have adequate funds to Pike, just South of Congressional Plaza (it is a strategic plan for both that will be in concert pay for surgery, third party liens and subroga- the old Ramada). with those values, vision and purpose. After tion. If you are interested in attending, please Phillips has generously offered to donate the interviews, we will have a series of dinner call either of us. reserved space and hors d'oeuvres for this meetings (the first of which was Nov 17th) to Happy New Year. event and to extend its happy hour pricing for develop the "vision". In addition to the Andre M. Forte, Defense Co-Chair the entire event, which means $3 glasses of Committee members, the process will be Paul Chung, Plaintiff Co-Chair house wine, draft beer, and rail cocktails. broadened by the inclusion of several other We would also like to thank Guy Wilson Bar members who are long time active and REAL ESTATE LAW from the Federal Housing Administration, influential members, as well as certain other Office of Business Development for speaking Bar members, of various ages and back- SECTION MEETING DATES at our October meeting. Guy provided us with grounds, all of whose input we desperately December 9, 2008–PM March 10, 2009 an informative overview of the Housing need and desire. All comments and sugges- January 13, 2009 April 14, 2009 Recovery Act of 2008, the Business Process tions are encouraged. Though strategic plan- February 10, 2009 May 12, 2009 Re-Engineering occurring at FHA and the ning, by definition, is not the ultimate exercise All meetings will be held on the 2nd variety of issues impacting the U.S. housing in democracy, we know that we will never Tuesday of the month at 8:00a.m. at the market today. succeed unless we have the buy in of the most offices of Shulman, Rogers, Gandal, Pordy & We look forward to seeing you at our influential and dedicated members of the Bar. Ecker, P.A. at 11921 Rockville Pike, December social event. Each step in the process, and it may be a long Rockville, MD, unless otherwise noted. Matthew D. Alegi, Co-Chair one, will be communicated to the entire mem- In celebration of the holiday season, we Alexis H. Peters, Co-Chair bership. have organized a social event for December in David Pordy, Chair lieu of our regular breakfast meeting. Please STRATEGIC PLANNING join us and your fellow Section Members COMMITTEE TAXATION LAW SECTION for some holiday cheer at 6:00 p.m. on Tuesday, December 9th at the new Phillips The Committee members are engaged in The Taxation Law Section meets on the Seafood Restaurant in Rockville. a series of one on one interviews with our out- second Wednesday of each month at 5:30 pm Phillips is located on the ground floor of side consultants, Indiggo Associates. Our ini- (Continued on next page)

December, 2008 The Bar Association of Montgomery County, MD Newsletter 13 COMMITTEES & SECTIONS

(Continued from preceding page) 7. Maintaining the current $1,000 C. Temporary Stimulus Proposal: at the law offices of Miller, Miller & Canby tax credit per child tax credit; 1. Eliminating tax on unemployment 200B Monroe Street Rockville, MD 20850 8. Continuing the increased standard benefits for 2009 & 2010; Phone: 301-762-5212. The next meeting will deduction for married couples filing jointly; 2. Allowing penalty-free retirement be on Wednesday, December 10, 2008. All and withdraws (up to $10,000); and interested persons are welcomed to attend. 9. Creating a host of refundable tax 3. Providing employer tax credits of With the 2008 election now behind us, credits for lower income individuals. $3,000 per new employee hired in 2009 - 10. we must look ahead to what "change" we can B. For Businesses: D. Estate Taxes: expect from President-Elect Obama and the 1. Raising corporate tax rates; 1. Freezing the unified credit at $3.5 Democrat controlled Congress. President- 2. Limiting deductions for executive million and freezing the top rate at 45%. Elect Obama has given us some insight on his compensation; Without large Democrat majorities in tax plan, namely: 3. Taxing offshore income of related both houses of Congress and a fresh mandate A. For Individuals: entities; from 53% of the electorate, there is a high 1. Raising the top marginal rates 4. Placing a surtax of 2 - 4% (shared probability that President-Elect Obama will back to 36% and 39.6%; between employer and employee) on incomes get most of his tax plan through Congress 2. Raising long-term capital gains above a certain dollar amount; early next year. In 1992, President Clinton, rates to 20% ; 5. Codifying economic substance along with a Democrat controlled Congress, 3. Raising tax rates on qualified div- doctrine; enacted most of the Clinton tax increases idends to 20%; 6. Taxing publically traded partner- retroactive to January 1. For planning purpos- 4. Eliminating the Section 121 ships as corporations; es, we should assume that most of President- exclusion on the sale of a principal residence; 7. Taxing the "carried interest" Elect Obama's tax increases will be retroactive 5. Repealing the elimination of the income from investments in partnerships as to January 1, 2009. phase out of personal exemptions and item- ordinary income instead of capital gains; When tax rates are expected to remain ized deductions (reinstate phase out of person- 8. Making the R&D tax credit per- constant or to decrease, we generally recom- al exemptions and itemized deductions); manent; and mend to our clients that they attempt to 6. Continuing the current ATM patch 9. Making the renewal energy cred- defer income into the next tax year and at 2008 levels; its permanent. accelerate losses and deductions into the current year. However, when income taxes are expected to rise, we generally recom- mend the opposite. In light of the "change" that is expected

14 The Bar Association of Montgomery County, MD Newsletter December, 2008

MONTGOMERY COUNTY BAR ASSOCIATION NEW PRACTITIONER’S SECTION

“TOYS FOR TOTS” GIFT DRIVE

BENEFITING THE MARINE CORPS TOYS FOR TOTS CAMPAIGN

DO A GOOD THING THIS HOLIDAY SEASON!

WHEN: November 1st through December 12, 2008

WHERE: Montgomery County Bar Association Office Building 27 West Jefferson Street, Rockville, Maryland

WHAT: New and unwrapped toys and gifts for all ages. Don’t forget items for teenagers such as gift cards, CD’s, watches, gym bags, cosmetics and jewelry.

WHY: Share the spirit of giving this holiday!

HOW: Simply drop your donation off at the Bar Association Office Building Monday-Friday during normal business hours.

For additional drop-off information or other assistance with your donation, please contact Heather Collier or Lili Khozeimeh at 301-340-9090.

CONTINUING LEGAL EDUCATION December 2008 Seminar Schedule Cost: $65 Member, $35 New Practitioner, $90 Non-Member BREAKFAST: Advance Registration $12.00; Day Of Registration $14.00

*All CLE classes are held in the Bar Office CLE Classroom unless noted - 27 West Jefferson St. Rockville, MD 20850*

Wednesday, December 3, 2008 at 5:30 pm ~ 8:30 pm How to Use a Business Valuation & Economic Expert at Trial What topics will be covered: How to select a competent expert; acceptable methodologies for valuing a variety of businesses; the information necessary to complete a business valuation; the propriety of confidentiality agreements or orders; how to prepare your expert for deposition and/or trial; how to bolster your expert's testimony; how to attack the opponent's expert Speakers: Scott M. Strickler, Esq., Strickler, Sachitano & Hatfield, P.A.; Glenn M. Cooper, Esq., Paley, Rothman, Goldstein, Rosenberg, Eig & Cooper, Chtd;. and a skilled business valuation expert. Thursday, December 4, 2008 at 7:45 am ~ 8:45 am Views from the Bench Please join us for a delicious breakfast and a special presentation by the Honorable Thomas Craven, who will give us his "Views from the Bench." Thursday, December 11, 2008 at 5:30 pm ~ 8:30 pm Handling Subrogation Liens in Third - Party Cases Ever settle a personal injury case or a third-party case only to find out that a subrogation lien, including Workers Compensation lien or Medicare lien, has been asserted? Ever wonder whether you have to pay the full amount of the lien back? If these are the questions you have and don’t have clear answers to, or you are concerned about the dangers confronting you in dealing with liens, you need to attend the CLE course being sponsored jointly by the Personal Injury Litigation Section and the Workers Compensation Section ” Speakers: Paul S. Chung, Esq., Shulman, Rogers, Gandal, Pordy & Ecker; Andre M. Forte, Esq., McCarthy Wilson LLP; Jonathan S. Beiser, Esq., Ashcraft & Gerel, LLP; David M. Schoenfeld, Esq., Ward & Klein, Chartered.

Name:

Address:

Phone: Fax: Total: $

Check/Coupon Enclosed OR Fall Pass OR

Visa/MC # Exp: CVV Code: (3 digits reversed side of card)

Make Checks Payable & Return completed form to: Montgomery County, MD, Bar Foundation 27 W. Jefferson Street, Rockville, MD 20850 Contact Person: Marleni Jimenez Phone: (301) 340 - 2534 Fax: (301) 217 - 9327 or [email protected]

I will need CLE Credits for the following States: COMMITTEES & SECTIONS

in 2009, we should adopt a two-year approach claimant's counsel upon submission of a set- permitting nurse case managers to be assigned in attempting to minimize the overall tax tlement agreement should be changed. The to matters. Commissioner Miraglia advised impact on our clients over the next two years. general consensus is that the amount paid to the members that when the claimant signs a There is nothing "unpatriotic" about structur- claimant's counsel, when a case is settled, medical authorization, the claimant allows the ing one's affairs to pay the least amount of should be increased. The community should Employer to secure whatever resource it needs taxes as the law allows. expect changes on this issue in the near in order to gain access to medical information. Happy Holidays. future. Of course, the claimant is free to attend med- Glenn M. Anderson, Chair Commissioner Miraglia spoke predomi- ical appointments on his or her own. nately on the Vocational Rehabilitation However, the claimant is not permitted to pre- WORKERS COMPENSATION Committee. Efforts are ongoing to limit the vent a nurse case manager from securing med- LAW SECTION number of disputes by and between the parties ical records or speaking directly to medical regarding vocational rehabilitation issues. providers. December 11, 2008 February 12, 2009 Importantly, the Commission will be setting Lastly, there was a discussion on the January 8, 2009 March 12, 2009 hearings on an expedited basis to ensure that AMA Guides. There is now a Sixth Edition to April – TBD vocational rehabilitation continues, if appro- the Guides. The Maryland Workers' All meetings are held on the 2nd priate, and the temporary total disability bene- Compensation Commission continues to use Thursday of the month at 5:00p.m. in the fits similarly continue. There appears to be a the Fourth Edition. There is no effort to Conference Room of the Bar Association concern that claimants have been left without change that in the foreseeable future. Building, unless otherwise noted. vocational rehabilitation services and income Maryland continues to utilize the Fourth Recent Meeting Recap: replacement benefits while they wait for the Edition in its impairment ratings. There are The Workers' Compensation Section Workers' Compensation Commission to set a concerns with regard to the Sixth Edition and was honored to have Commissioner Cynthia hearing. Similarly, if the parties are unable to the manner in which ratings are calculated. It Miraglia as our guest at our most recent agree on a vocational rehabilitation counselor, appears to be duplicative of the Maryland five meeting. The Commissioner spoke regarding the Commission will be appointing coun- factors which incorporate subjective com- recent issues of importance to the communi- selors. plaints. ty. Commissioner Miraglia spoke on the Jonathan S. Beiser, Co-Chair The Fee Schedule Committee is current- issue of nurse case managers. There was a David M. Schoenfeld, Co-Chair ly evaluating how the monies paid to concern raised that claimants' counsel are not YOUTH COURTHOUSE PROJECT COMMITTEE MEETING DATES December 3, 2008 March 4, 2009 January 7, 2009 April 1, 2009 February 4, 2009 May 6, 2009 All meetings will be Brown Bag Lunch meetings, to be held on the 1st Wednesday of the month at 12:15p.m. in the Bar Association Conference Room, unless otherwise noted. If you know of a middle school or youth organization that would be interested in a courthouse tour, please contact Holly Reed at (301) 587-9480. Holly D. Reed, III, Co-Chair Patricia P. Via, Co-Chair

December, 2008 The Bar Association of Montgomery County, MD Newsletter 15 PRO BONO UPDATE

PRO BONO Mary Kay Canarte, Managing Attorney EVENING WALK-IN CLINICS 1st and 3rd Wednesday of each month 2nd and 4th Wednesday of each month The Pro Bono Program continues to (6:00 PM to 8:30 PM) (5:30 PM to 8:00 PM) assist a rising number of low-income resi- Tel: (301) 565-7675 Tel: (240) 777-4940 dents in Montgomery County. We saw a TESS Community Service Center Charles W. Gilchrist Center 60% increase in cases over the past several months!! This is probably due to our 8513 Piney Branch Road for Cultural Diversity expansion of telephone intake to Monday Silver Spring, Maryland 20901 11319 Elkin Street through Thursday 8:30 am to 5:00 p.m. As Wheaton, Maryland 20901 the economy continues to be challenged , 2nd and 4th Tuesday of each month 1st and 2nd Thursday of each month the poorest in Montgomery County are also (6:00 PM - 8:30 PM) (5:30 PM - 8:30 PM) increasingly faced with housing, employment, and family crises. Please consider Tel: (240) 777-6940 Tel: (240) 777-8400 giving this Holiday Season by volunteering Charles Gilchrist Center for Cultural EAST County Regional Services in a pro bono case or at our evening clinic. Diversity - Upcounty Germantown Center PLEASE CALL ME at (301) 762-5831!! 12900 Middlebrook Road 3300 Briggs Chaney Road YOU CAN MAKE A DIFFERENCE! Germantown, MD 20874 Silver Spring, MD 20904 Our Family Law Training Sessions known as the Rita Rosenkrantz Family Law Training are currently available for this unique opportunity to be apart of some- super attorneys for their much needed viewing by webcast by any attorney who thing very special or you would like to assistance and dedication!! wants a refresher or would like to expand review available cases, please contact Pro Bono Case Referrals into this practice area. This extensive and MaryKay Canarte at (301) 762-5831. Some in-depth six hour family law training is a attorneys come for a season and some stay Brian E. Barkley Jeffrey B. Henry* must see!! This November there will be a for many seasons to come. Come join us! Rodella Berry Michael P. Hsur Jonathan Biedron Stuart Kaplan live training at the Bar Association. The Judith Bluefeld Daniel M. Kennedy excellent compilation of family law materi- OUR CONTESTED CUSTODY HEROES Michael Bryant Sterling Mead als are available for free to any Maryland We are pleased to announce that the Kate Bunker* K. Stuart Muntzing hourly rate has increased to $80.00 per barred attorneys in good standing who agree David F. Chavkin** Judith Mustille to take a pro bono case!! They can also be hour for complex CUSTODY cases. If Douglas Cohn Tara Shoemaker* viewed via webcast at the following link: you are interested in receiving referrals Alexander J. Crow Dianne Stewart-Hamlin http://www.gorebrothers.com/webcast/mcba/ for contested custody, please contact James Dyson Richard Ugelow* Our legal clinics offer a very unique [email protected] or call (301) Viola Forbin Robert Wagman opportunity to get a glimpse of the many 762-5831. Attorneys who accept these Loretta J. Garcia Annemarie Wall complex issues facing our low-income resi- cases must also accept another pro bono Judy Halaby Karen L. Ware dents including debt and bankruptcy prob- case at the same time. John O. Hayden David Woll lems, divorce, custody, child support, housing, employment/contract issues, individual JUDICARE FUNDING UPDATE ... Contested Custody Case Referrals rights or disability cases. The PRO BONO We are pleased to announce that we Rodella Berry Jeffrey Henry Evening Legal Clinics are now at four loca- were able to place all of our 25 Judicare fund- James Dyson Sterling Mead tions. We are very grateful for Jonathan ed cases. We hope to expand this program Judy Halaby Dianne Stewart-Hamlin Bloom, Esquire who helps supervise this next year if funding permits. This program John O. Hayden David Woll newest clinic in Germantown. The Evening provides funding to pay attorneys for certain Judicare Referrals Legal Clinics at TESS and the Gilchrist family law modifications, guardianship, Center in Wheaton continue to thrive under divorce and alimony matters for low income Aileen Oliver Michael Subin the able assistance of Jay Marks, Esquire, clients who live in Montgomery County, Stacy Reed-Swain Eva Y. Xu* David Vega, Esquire, and Juan Carlos Maryland and provide proof of their eligibili- Gilchrist Germantown Center Washington, Esquire. Our newest clinic is ty. A panel of attorneys with at least five Jonathan Bloom Robert Wagman opening November 13, 2008 at the EAST years of family law experience is utilized for Claudia Haywood Donya Zimmerman COUNTY REGIONAL SERVICES CEN- these cases. If you are interested in partici- TER, 3300 Briggs Chaney Road, Silver pating in this project, please contact Gilchrist Wheaton Center Spring, MD 20904. This clinic will operate [email protected] or call (301) Adrienne Corley Kate McDonough on the 1st and 2nd Thursdays of every month 762-5831. Attorneys who are referred Nicholas Dale Manny Montero and Juan Carlos Washington and Raphael these cases will be asked to take a pro bono Mariartu Kargbo David Vega "Manny" Montero will be helping to super- case or volunteer at our clinics. Kate McDonough Juan Washington vise this new clinic. Together with our many In October, the following activity took Marc Emden committed volunteers we are able to serve place in the Pro Bono Program: over 1500 clients during the course of year. Intakes - 236 Cases Opened - 178 TESS Center The volunteer attorneys who attend our Cases Referred - 47 Cases Closed - 212 Adrienne Corley Jay Marks clinics get to do pro bono service while also The following attorneys provided Damon Catacolos Priya Sharma networking with other attorneys and the legal services for the Pro Bono Program Roger Golden David Vega clients. It is a rewarding experience for all during the month of OCTOBER 2008. Jerry Lyell Juan Washington who attend. Attorneys must be scheduled On behalf of the Board of Directors of the Ricky Malik into the clinics. If you would like to have Bar Foundation, we wish to thank these *2 cases; **3 cases

16 The Bar Association of Montgomery County, MD Newsletter December, 2008 WRITING IT RIGHT

Plain-English Drafting for the “Age of Statutes” By Douglas E. Abrams generation ago, Professor Guido We live (as Calabresi put it) in the “Age I recognize that statutes make bad Calabresi chronicled the “statu- of Statutes,” when legislative drafting inti- bedtime reading and do not deliver the A torification” of American law.1 mately affects our public and private lives.3 sort of entertainment we normally expect Within a few decades, he explained, the Because citizens with law degrees hold no from the books and articles we choose to nation had moved “from a legal system monopoly on the statute books in our nation read. I recognize too that intricate legal dominated by the common law to one in based on consent of the governed, lawmak- doctrine sometimes resists expression in which statutes, enacted by legislatures, ers should strive to express themselves in Plain English. Tradition may also thwart have become the primary source of law.”2 Plain English from initial drafting through Plain English when a bill amends isolated A quick visit to a law library confirms enactment. The British and Scottish Law sections of opaque chapters whose lan- the dominance of legislation today. Annual Commissions state the core aspiration: “[A] guage and judicial interpretations tie the compilations of the United States Statutes statute should be drafted so that it ‘can be hands of drafters who would opt for at Large and the Laws of Maryland now understood as readily as its subject matter greater simplicity if they were starting dwarf their slim counterparts for any nine- allows, by all affected by it.’”4 fresh. teenth-century year, and the United States Despite these roadblocks sometimes Code and the Maryland Code now con- “Baby Talk”? posed by intricacy or tradition, critics who sume entire shelves. . The volumes’ hefty Some critics scoff at calls to draft denigrate the general role of Plain English indices underscore the sheer breadth of legislation in Plain English. The gist of in legislative drafting belittle a core pur- subjects that federal and state legislation the critique is that statutes speak not to pose of statutes in our representative address, a spectrum wider today than ever lay readers, but to lawyers and judges democracy: By making laws more com- before. Adding to this heft are the codes, whose law school training equips them to prehensible, Plain English helps law-abid- charters and ordinances enacted by city grasp legal nuance and technicality. “The ing people play by the rules. councils, boards of supervisors or commis- language of our legislation,” says one The Maryland General Assembly's sioners, and similar local legislative bodies critic, “cannot be reduced to baby talk for Department of Legislative Services has it from coast to coast. consumption by the masses.”6 (Continued on next page)

December, 2008 The Bar Association of Montgomery County, MD Newsletter 17 WRITING IT RIGHT

(Continued from preceding page) Lawmakers advance the sound adminis- for imprecision, legislative sponsors right: "The object of statutory drafting is tration of justice when, to the extent pos- striving to preserve fragile coalitions for a to set forth ideas clearly, succinctly, and sible, they enact standards comprehensi- controversial bill sometimes resort to consistently. . . . The drafter should ble to this diverse legally trained audi- what Justice William J. Brennan, Jr. observe the rules of formal writing and ence. called “studied ambiguity,” ill-defined good English usage. Avoid use of long Some imprecision is inescapable in standards “deliberately adopted to let the sentences and long sections. Use short, the legislative process, and some may courts put a gloss on the words that the familiar words and phrases. Do not use even be deliberate. “Anything that is writ- legislators could not agree upon.”10 (In several words if one is sufficient."7 These ten may present a problem of meaning,” football, such deliberate action is called essentials acknowledge that legislative Justice Felix Frankfurter observed, punting, and it is designed to produce drafters, like other writers, do not speak because words “seldom attain[ ] more strategic advantage.) Lawmakers can in isolation; they speak to an audience. A than approximate precision.”8 But there is equivocate or compromise, but the rules statute’s audience typically includes both more. Even a bill drafted with reasonable of jurisdiction normally require courts to lawyers and non-lawyers, and the second clarity may be cobbled by many hands decide cases, even when decision turns on group sometimes outnumbers the first. during the give-and-take of committee a statute whose language appears puz- Plain English enhances clarity and under- hearings and floor debate along the tortu- zling or incomplete. standing for both groups. ous path to enactment. Reflecting on his Throughout the legislative process, eight years in Congress, Judge Abner J. fidelity to Plain English increases the The Legislature’s Audience of Mikva explained that “it is not easy to get likelihood of statutory interpretation true Lawyers 535 prima donnas to agree on anything. to the majority enactors’ intent. “[P]lain Legislative drafters write for judges To get two separate majorities to agree language is more precise” than its alterna- who interpret statutes, lawyers who coun- separately on a single set of words to con- tives “because it uncovers the ambiguities sel and advocate their clients’ causes, vey a clear and complete idea – and then and errors that traditional style, with all public sector lawyers who administer to get the President to sign such a miracle its excesses, tends to hide” until it is too the laws, and lawyers who are regulated – is not easy.”9 late.11 Justice Ruth Bader Ginsburg says in their businesses or other affairs. To compound this inherent potential that statutory interpretation frequently divides an appellate court when “murky” legislation obscures rather than clarifies meaning.12 The Ginsburg critique reminds us that obscurity is obscurity, even when the reader displays a law degree or judicial commission on the office wall.

The Legislature’s Audience of Non- Lawyers The legislative drafter’s lay audience begins with sponsors and other lawmakers themselves, many or most of whom in a typical Congress or state or local legislature are not lawyers. Legislators may debate and then vote based on under-

EXPERT WITNESS Banking Matters Fraud Lender Liability 30+ Years Experience R. Hugh Rial Rial & Associates LLC (301) 509-0655 www.rialassociates.com

18 The Bar Association of Montgomery County, MD Newsletter December, 2008 WRITING IT RIGHT

standing gleaned from staff members’ cannot afford professional advice, or may English would enable lay persons poten- written summaries, but reliance on these feel more comfortable with self-represen- tially affected by the bill to grasp its secondary sources brings risk when the tation. I teach in one such field, family meaning. The presumption favoring Plain bill and not the summary becomes law. law. According to surveys in some juris- English remains rebuttable, but only for Following enactment, a statute’s dictions, at least one spouse litigates with- strong reasons because (as the Uniform application and enforcement may depend out a lawyer in more than half of divorce Law Conference of Canada recommends) on decision-making by public officials cases, often because the spouse finds rep- “[a]n Act should be written as much as who have no formal legal training or sus- resentation too costly or intrusive.15 The possible in ordinary language, using tech- tained access to a legal staff. Business divorce act, a statement of public values nical terminology only if precision People and other non-lawyer profession- sculpted by elected representatives over requires it.”19 als also frequently consult statutes that time, should remain at least as accessible This Legislative Drafter’s regulate their affairs. as commercial “do it yourself” books sold Presumption is a logical corollary of a The legislative drafter’s lay audience in local discount stores. presumption already well-established: typically extends even further, however, Lay readers may learn about statutory “Persons are conclusively presumed to to people from all walks of life whom the law from summaries of particular fields know the law,” and thus may not plead enactment may affect, a class that may written (in Plain English, by the way) by a lack of knowledge when they deal with number in the thousands or more. federal or state agency or a bar associa- the government or defend a civil or crimi- Congress and the Maryland General tion. These summaries may be requested nal proceeding.20 Conclusiveness actually Assembly recognize this extended audi- by telephone or mail, and they typically makes the latter “presumption” a rule of ence by posting filed bills, and the United appear on the Internet, supplemented by law, commonly expressed as “ignorance States Code and Maryland Code them- answers to FAQs (frequently asked ques- of the law is no excuse.” For the rule to selves, on their official websites for down- tions).16 The Maryland State Bar approach reality rather than survive mere- loading and inspection by the general pub- Association, for example, offers twenty- ly as a legal fiction, lawmakers should lic.13 City councils and local boards of four free easy-to-read guides designed to give lay people – that is, most people – a supervisors or commissioners also typi- inform the public about common legal fair chance to understand the legislation cally post their charters, codes and ordi- problems.17 that the legal system conclusively pre- nances. Some fields of law, such as the feder- sumes they understand. Dean Roger C. Cramton is right that al antitrust laws and much state legislation Understanding depends on access, “[s]impler statutes and regulations written implementing complex federal mandates, which means more than simply the right in ‘plain English’ might be more readily have become so intricate that these unoffi- to inspect bills or statutes in a public law followed without resort to professional cial Plain English summaries may provide library or on an official website. Access advice.”14 As I spend time in the the lay public’s most realistic opportunity also means making reasonable efforts to University of Missouri School of Law for understanding without counsel.18 enable citizens, to the extent possible, to library down the hall from my office, I Agency or bar association publications, read a bill or statute with some fair oppor- often see the staff assisting members of however, should complement rather than tunity to figure out generally what it says. the general public who wish to examine supplant the legislature’s own efforts to Most citizens, of course, navigate the statute books, as the general public has demystify the law. legislative waters without benefit of a for- every right to do. Law and lawyers are mal legal education. But access grounded expensive, most people seek to avoid liti- The “Legislative Drafter’s in Plain English enhances the capacity of gation, and self-representation remains a Presumption” lay readers to provide their elected repre- right in most circumstances. Legislative drafters should begin sentatives commentary about bills, and In some fields of law, people often writing from the presumption that Plain then to conform their conduct to the statute or decide whether to secure a lawyer’s professional assistance. That Litigation Support – Expert Witness Testimony most people will not seek out these oppor- Business Valuation – Pension Valuation – Financial Analysis tunities does not diminish the entitlement Forensic Accounting – Financial Fraud Investigations of the people who do. Tax Issues – Income Tax Preparation An Australian government minister, a strong proponent of Plain English drafting, recently acknowledged that when leg- Alan Zipp islation concerns particularly complex Certified Public Accountant legal doctrine, lawmakers sometimes Attorney at Law must strike “a delicate balance between . . . simplicity . . . and . . . comprehensive Certified Business Appraiser coverage.”21 The balance might tilt Certified Fraud Examiner against Plain English in a particular case, but Professor David Mellinkoff provides a Telephone 301-340-0084 – [email protected] sound rationale for the Legislative 932 Hungerford Drive, Suite 13 Rockville, MD 20850 Drafter’s Presumption favoring simplicity (Continued on next page)

December, 2008 The Bar Association of Montgomery County, MD Newsletter 19 WRITING IT RIGHT

(Continued from preceding page) Drafting Manual 2008, at 23 (2008), 22. David Mellinkoff, The Language of the Law vii in the absence of convincing rebuttal: http://dls.state.md.us/side_pgs/documents_pub/do (1963). c_images/2008%20Legislative%20Drafting%20 23. Debates of the Legislative Assembly, supra note “With communication the object, the prin- Manual.pdf . 21, at 3837 (comments of Mr. Connolly, quoting ciple of simplicity would dictate that the 8. Felix Frankfurter, Some Reflections On the King Edward VI). language used by lawyers agree with the Reading of Statutes, 47 Colum. L. Rev. 527, 528 24. John Dryden, Preface to Fables, Ancient and common speech, unless there are reasons (1947), reprinting Felix Frankfurter, Sixth Annual Modern ¶ 10 (1700), reproduced in The Harvard for a difference. . . . If there is no reason for Benjamin N. Cardozo Lecture, 2 Rec. Bar Ass’n Classics, Famous Prefaces (1909-14). City of N.Y., No. 6 (1947). 25. Alison Russell, Legislative Drafting and Forms departure from the language of common 9. Abner J. Mikva, Reading and Writing Statutes, 48 12-13 (1938) (footnotes omitted). understanding, the special usage is suspect.”22 U. Pittsburgh L. Rev. 627, 636 (1987). 10 .William J. Brennan, Jr., Some Thoughts On the Douglas E. Abrams, a law professor at the Supreme Court’s Workload, 66 Judicature 230, University of Missouri, has written or co-authored Conclusion 233 (1983). five books. Four U.S. Supreme Court. Calls for Plain English drafting date 11. Joseph Kimble, Writing For Dollars, Writing to at least from the late sixteenth century, Please, 6 Scribes J. Legal Writing 1, 2 (1997) This article was originally written for the Winter when King Edward VI urged Parliament (emphasis in original). 2008 issue of Precedent, The Missouri Bar’s quar- to make statutes “more plain and short, to 12. Ruth Bader Ginsburg, Inviting Judicial Activism: terly magazine and is being reprinted with permis- A “Liberal” or “Conservative” Technique?, 15 sion from The Missouri Bar and Professor Abrams. the intent that men might better understand Ga. L. Rev. 539, 547 (1981). them.”23 “[T]he first end of a writer,” 13. http://mlis.state.md.us/#stat. English Poet Laureate and literary critic 14. Roger C. Cramton, Delivery of Legal Services to ~ SAVE THE DATE ~ John Dryden counseled in 1700, is “to be Ordinary Americans, 44 Case W. Res. L. Rev. 24 531, 562-63 (1994). understood.” This first end is as central 15. Douglas E. Abrams et al., Contemporary Family today as it was during the Age of Dryden Law 51-52 (2006). three centuries ago. In most circumstances, 16. See, e.g., U.S. Dep’t of Health and Human “[t]he simplest English is the best for legis- Servs., http://www.os.dhhs.gov/; Missouri Dep’t 25 of Labor and Indus. Relations, lation.” Plain English invigorates any writ- http://www.dolir.mo.gov/. ing. Inside or outside the halls of the legisla- 17. See http://www.msba.org/departments/comm- ture, writers should strive for nothing less. publ/publications/brochures/index.htm. 18. U.S. Federal Trade Comm’n, Promoting Competition, Protecting Consumers: A Plain Endnotes English Guide to Antitrust Laws, 2009 1. Guido Calabresi, A Common Law for the Age of http://www.ftc.gov/bc/compguide/. Bar Association of Montgomery County Statutes 1 (1982) (now Circuit Judge, U.S. Court 19. Robert C. Dick, Legal Drafting in Plain of Appeals for the Second Circuit). Hispanic Bar Association Language 229 (3d ed. 1995) (quoting § 31 of the J. Franklyn Bourne Bar Association 2. Id. See also James Willard Hurst, Dealing With Legislative Drafting Conventions of the Drafting Statutes 1 (1982). Section of the Uniform Law Conference of Asian Pacific-American Bar Association 3. Guido Calabresi, supra note 1 (1982). See also Canada). Maryland Gay/Lesbian Bar Association Grant Gilmore, The Ages of American Law 95 20. Benik v. Hatcher, 358 Md.2d 507, 532 (2000); The Daniel O'Connell Society (1977) (discussing the twentieth century “orgy of see also, e.g., Cannon v. University of Chicago, statute making”). 441 U.S. 677, 696-697 (1979); Garr v. The Montgomery County Chapter of the 4. Sir William Dale, Legislative Drafting: A New Countywide Home Loans, 137 S.W.3d 457, 462 Women's Bar Association Approach 331 (1977). (Mo. 2004). Simon E. Sobeloff Society 5. Brian Hunt, Plain Language In Legislative 21. Debates of the Legislative Assembly for the Drafting: An Achievable Objective Or a Laudable Australian Capital Territory, Hansard 3836 (Oct. Please save the date for "Party Ideal?, 24 Statute L. Rev. 111, 114-16 (2003). 16, 1991) (comments of Mr. Connolly, Attorney- 6. Brian Hunt, Plain Language In Legislative Around The World 2009", which General, Minister for Housing and Community will be held Thursday April 2, 2009, Drafting: Is It Really the Answer?, 23 Statute L. Services and Minister for Urban Services), Rev. 24, 44 (2002). http://www.hansard.act.gov.au/hansard/1991/pdf at the Women's Chevy Chase Club. 7. Department of Legislative Servs., Legislative s/19911016.pdf.

20 The Bar Association of Montgomery County, MD Newsletter December, 2008 SPECIALTY BAR ASSOCIATIONS

J. FRANKLYN BOURNE BAR Maryland. There will be dreidels, candle 10th, Professor Catherine Tinsley of ASSOCIATION, INC., lighting, music and "THE BEST Georgetown University gave us much MONTGOMERY COUNTY LATKE CONTEST." Bring your spouse "food for thought" with her insightful, COMMITTEE or significant other and gather with interactive presentation. Lunch was great, friends and colleagues as we celebrate the too! A special "thanks" to the Pines of The J. FRANKLYN BOURNE holiday, eat, drink and schmooze. Rome for serving us the best white pizza BAR ASSOCIATION, INC., Membership encouraged but not required. anywhere. Loved all the garlic! My per- Montgomery County Committee's next Dietary laws observed. PLEASE RSVP sonal "thanks" to Joline McGoldrick's monthly meeting will be held on to [email protected] or call Brian Barke hard work to put this event together, as Saturday, December 6, 2008, from 9:30 at (301) 309-8300 for further information. well as to Sharon Johnson and Laurel a.m. to 10:30 a.m. in the conference room Steven G. Salant, President Anchors for getting the word out. of the Bar Association of Montgomery I can't really believe that it's almost County, Maryland, 27 West Jefferson MONTGOMERY COUNTY December. How does that happen every Street, Rockville, Maryland 20850. WOMEN’S BAR year? Please don't forget about our annu- Breakfast will be served. The Committee ASSOCIATION al Holiday party. It will be held on meets on the first Saturday of the month. December 17, 2008, 6:00 p.m., at Susan The following meeting will be held on Well, since our last Museletter, much Oldham's home, located at 10704 BAL- Saturday, December 6, 2008. For more has happened in the world, including ANTRE LANE, POTOMAC, MD information contact Holly Reed, Esq. at electing a brand new President of the 20854. Please don't forget, come hun- (301) 587-9480. United States. Just to have the chance to gry, visit with old friends, make a new The ANNUAL MEETING FOR be part of the process is a reminder to each one or two, and, best of all, IT'S FREE. THE ELECTION OF OFFICERS will of us that we are blessed to live in a coun- Once again, we're working with be held Thursday, November 20, 2008 at try where each individual's opinion Crossways Communities, to identify fam- the CoCo Cabana Restaurant, 2031 A counts. ilies in need. This way, our efforts are University Blvd., Hyattsville, MD 20783, This Fall has been such a busy time pinpointed at gifts and other items that 301-431-1882, beginning at 6:30 p.m. for the MC Chapter of the WBA. I can't will best serve the specific needs of the This is the last official business meeting thank Kay Winfree enough for her will- recipients. Please open up your hearts and of 2008, so don't miss it! If you have any ingness to speak with us about her profes- your checkbook, to give us a hand with questions, please contact M. Andre Green sional journey to Chief Deputy Attorney this most worthy cause. at [email protected]. General of Maryland. Kay's remarks and As the holidays approach, I want to insights were inspirational to all of our wish everyone a special holiday season, SIMON E. SOBELOFF members and many guests. A big "thank with the hope that each of you will be able JEWISH LAW SOCIETY you" also to Shelly McKeon for, once to enjoy shared time with family and again, opening up her lovely home to the friends. Good health and Godspeed to all PLEASE JOIN US FOR OUR MC WBA, and to Monica Harms and in the New Year. 2009 promises to be ANNUAL HANUKAH PARTY on Ivonne Lindley for their efforts. Thanks anything but dull. DECEMBER 23, 2008 from 6:00 to to everyone for making it a great success. Our next Executive Committee meet- 8:30 pm. The event will be held in the We continued on with the topic of ing will be in person, on Monday, modest but comfortable "SALANT professional advancement for women December 8, 2008, at 12:00 p.m., Circuit COMPOUND" located at 14813 with our November Event, "Perceptions Court Library Conference Room. Cobblestone Drive, Silver Spring, of Power in the Work Place." On Nov. Cheryl A. McCally, President METRO COUNSELING METROPOLITAN PROCESS SERVICES SERVICES, INC. (301) 929-6819 24 Hour Cell (301) 252-0706 A comprehensive approach to DWI/DUI Skip Tracing Unlimited Attempts Assessment and evaluation Relapse prevention Approved and Certified Rush Services within 48 hours Education (six weeks) Expert Testimony by the State of Maryland Court Filings Available Counseling (26 weeks) Forensic drug screening Scheduled Pickups JERRI BENNER-GUNNISON, DIRECTOR 15719 Crabbs Branch Way - Rockville, MD 20855 KARL STEPHENS 301-670-6161 - (fax) - (301) 670-6163 8719 Geren Rd. Silver Spring, MD 20901 www.metrocounselingservices.com Serving DC, MD and VA

December , 2008 The Bar Association of Montgomery County, MD Newsletter 21 STATE & NATIONAL

MSBA BOARD OF D.C. BAR SPONSORING HOW AMERICAN LAW INSTITUTE | GOVERNORS – 2008-2009 TO LITIGATE A MEDICAL ABA SEMINARS/WEBCASTS Katherine Kelly Howard, President MALPRACTICE CASE CLE Wednesday, December 3, 2008 Thomas C. Cardaro, President-Elect PROGRAM Negotiating Business Issues in John P. Kudel, Treasurer The D.C. Bar Litigation Section and Copyright and Trademark License Thomas D. Murphy, Secretary the Tort Law Section are sponsoring How Agreements: Getting the Best Deal Alison L. Asti, Past President to Litigate a Medical Malpractice Case on in a Changing Global Economy Robert T. Gonzales, ABA State Delegate Tuesday, December 2, 2008 at 6:00 PM. ~ live video webcast ~ Michelle Stawinski, Young Lawyers Chair This CLE will provide 3 credit hours. 1-Year Term Members Taught by experienced medical mal- Monday, December 8, 2008 Thomas P. Ryan (410) 528-7700 practice practitioners and a sitting judge Advanced Estate and Tax Planning Harry C. Storm (301) 986-1300 this course will provide you with up to date for Same-Sex Couples ~ live video webcast ~ 2-Year Term Members advice on handling medical malpractice lit- Suzy L. Eckstein (301) 424-8081 igation from both the plaintiff and defense Tuesday, December 9, 2008 David W. Lease (301) 838-8950 perspective. You will receive practical Communicating Across the Gender John C. Monahan (301) 251-1811 pointers on discovery, litigation strategy, Gap: What Lawyers Need To Know Stephen H. Ring (301) 540-8180 obtaining experts, mediation, settlement, ~ on site in New York ~ Rebecca N. Strandberg (240) 247-0675 pre-trial and trial matters. You will learn how to practice within the requirements of Wednesday, December 10, 2008 Floyd Willis, III (301) 424-6622 Electronic Discovery for ~ www.msba.org ~ the “Medical Malpractice Act of 2006.” Our faculty experts also will update you on Employment Lawyers important case law developments involv- ~ live video webcast ~ MSBA NOMINATIONS AND ing experts, jury instructions and ex parte Tuesday, December 16, 2008 ELECTIONS FOR BOARD OF contact with witnesses. Learn how to find Attorney-Client Privilege and Work GOVERNORS IN 2009 top-flight experts and how to correctly pre- Product Protection 2008 pare a case for trial. There will also be an ~ live webcast ~ This is the annual announcement opportunity to consider the court's view of regarding the nomination and election participants and malpractice cases. This Tuesday, December 16, 2008 process for vacancies on the Maryland course is useful to both newcomers to the Commercial Litigation: Presenting a State Bar Association Board of field and those with more experience who Compelling Plaintiff's Case and a Governors occurring in June 2009. want an update by our panel of experts. Vigorous Defense Only Class I Governors can be nom- Speakers will be: Bruce Klores, ~ live webcast ~ inated and elected in 2009, since it is an Bruce J Klores & Associates PC; Steven Thursday-Friday, January 15-16, 2009 odd numbered year. (Vacancies will be Hamilton, Hamilton Altman Canale & Investment Adviser Regulation occurring in the First, Second, Third, Dillon and Stephanie Duncan-Peters, on site in New York | live webcast Fifth, Sixth, Seventh, Eighth, Tenth and Superior Court of DC. Twelfth Districts, as well as 2 Young For pricing information and to regis- For information on any of the pro- Lawyer Governors.) ter, visit http://www.dcbar.org/for_lawyers/ grams listed above or to register, please SIXTH (Montgomery County) – events/event_Detail.cfm?sessionAltCD= visit the website at www.ali-aba.org. Number of Governors to Which Entitled 851280 – 8; Class II (elected in even years) – 6; Class I – 2. Marc Emden • Nomination petitions must be Attorney at Law filed with the MSBA Executive Director Presents no later than 5:00 p.m., Wednesday, "What You Don't Learn In Law School" February 11, 2009. Without these workshops, it can take years to learn the business of • Ballots must be postmarked no later than March 26, 2009. practicing law. • Ballots must be received by the With these workshops, it may take only 90 minutes. Executive Director no later than March In each 90- minute workshop, you will learn: 31, 2009. • how to improve attorney-client relations Please contact Maria at the • how to work effectively for a supervising attorney Bar office at 301-424-7040 or • when to accept a particular case and when to decline [email protected] to request a Cost: $45.00 per workshop per person. Location: Downtown, Rockville MSBA Nomination & Elections infor- Classes are forming now. Register by calling (301)762-7007. mation packet. www.emdenlaw.com

22 The Bar Association of Montgomery County, MD Newsletter December, 2008 WHAT’S NEW ...

KUDOS of his office to BECO Building West, storage space, private bathroom, parking; Bar Association of Montgomery County, 5410 Edson Lane, Suite 315, Rockville, all amenities available: kitchen, MD members Mary Ellen Flynn, of MD 20852; with a telephone change: conference room, etc. Available Andalman & Flynn, P.C. and John (301) 770-3050; [email protected]. The immediately. Call 301-654-7540. Quinn, of Ethridge, Quinn, McAuliffe, practice will continue to concentrate in BETHESDA – Law firm looking to Rowan & Hartinger were honored, along securities/business transactions and liti- sublet one office (approximately 140 sf, with other attorneys and Judges from gation, and trademark law. fully carpeted), located 2 blocks from Maryland, by The Daily Record as Loretta Garcia, Esq. is pleased to announce Metro, beginning December 2008. Leadership in Law winners. the formation of her law firm Law Office of Amenities include use of conference Walter S. Booth has been appointed to Loretta Jean Garcia, which focuses on rooms, kitchen, telephone system. serve a 4 year term on the Montgomery Family Law, Employment Law and Estate & Parking space is available. Call Barbara County Board of Appeals. Walter has a Probate matters. The practice is located at to schedule an appointment to visit or general trial practice in Bethesda, where 4550 Montgomery Avenue, Suite 601 North discuss, 301-634-3107. he's been located for the past 25 years Tower, Bethesda Maryland 20814, Tel. 301- BETHESDA – Office suite in private .The Board of Appeals hears administra- 469-3340, Email: [email protected]. building, across from Metro; tive appeals from County government Ms. Garcia is licensed to practice law in approximately 800 sq. ft. with private agencies, as well as zoning cases involv- Maryland and the District of Columbia and is entrance. Parking and all amenities ing variances from the standards of the currently President of the Hispanic Bar available: kitchen, conference room, etc. county zoning ordinance and special Association of the District of Columbia. Call 301-654-7540. exceptions to the ordinance. BETHESDA – Sumner Place – RENT/LEASE Sangamore Road, off Massachusetts LEGAL ANNOUNCEMENTS BETHESDA – Large windowed office in Ave., 2 offices, one large with window Daniel A. Ball of Ball Law Offices, P.C. private building with separate secretarial and great view, furnished. $795 monthly; announces the expansion and relocation space on 2nd floor; across from Metro; one small unfurnished $500, in suite with lawyers; no lease to sign; 15 minutes to DC Courts or Rockville; copier, fax, high speed wireless internet, library, secretary area all included in rent; banks, shops, restaurants and many businesses on premises; abundant free parking. Call Steve at 301-229-7900. BETHESDA – Two blocks from Metro in first class office building in shared suite. "Plug in and practice." 1 windowed partner office, 1 windowed associates office, 1 interior office and/or 1 secretarial work station. Amenities include telephone system/conference room/copier/kitchen. Contact Peggy McCarty at 301-634-9859 or email [email protected]. BETHESDA – Two offices available: one very large (19 x 13) office and one large office (14 x 14) in Air Rights north building with unobstructed southern view, one block from metro with plenty of parking, with shared receptionist and use of conference rooms, kitchen, copier, phone, voice mail. Very large office could be broken into two small offices if preferred. Secretarial space and garage parking also available. Call Steve Jacobson at 301-951-1583. GAITHERSBURG – FLEXIBLE sharing space with other attorneys in a double office condo. Conveniently (Continued on following page)

December, 2008 The Bar Association of Montgomery County, MD Newsletter 23 WHAT’S NEW ...

(Continued from preceding page) possible for the right person. Call distance to Circuit/District Courts and located near Lakeforest Mall, on the bus Patricia at (301) 294-7081. Metro. Reasonable rent. Contact line, with plenty of free parking. Large, ROCKVILLE – Four windowed offices Benjamin A. Klopman at 301-424-0677. bright individual offices, space for staff; for rent in townhouse next to jury parking ROCKVILLE – Two windowed offices cable and internet available. An ideal lot. Use of 2 conference rooms, library, available in a quite and friendly suite close office arrangement for a solo kitchen and client waiting areas. Free to the courthouse and Metro. Cubicles practitioner or small firm. Referrals are parking. Digital copier/Internet use available for staff. Includes use of likely. To discuss or visit, call 301-258- available. A block to Circuit Court. $595- kitchenette, two conference rooms, 9636. $995. Call 301-340-1919. reception services to greet clients and GAITHERSBURG – Space available in ROCKVILLE – One large windowed retrieve mail, and utilities. Copier, scanner, law office. Receptionist, copier, fax, office on second floor of historic house at and fax available at a reasonable cost. voicemail, conference room, included. Furnishings available. Great opportunity 109 N. Adams Street, conf. room, free DSL available. Desirable location on for referrals. Plenty of parking. Please parking, walk to courthouse. Quiet Route 355. $750/month. Call (301) 987- contact us at 301-424-1602. atmosphere. Call Mary Beth at 301-309- 2002. 3719 or Anne Marie at 301-309-3731. SILVER SPRING – Share a satellite office located on the corner of Georgia GAITHERSBURG – Windowed office ROCKVILLE – 600 E. Jefferson - Up to Avenue and Cameron Street, next to the available in first class building on Rt. 6 furnished offices, 3 large (10' x 15') old Silver Spring District Court building. 355, near Shady Grove Road. Office suite windowed, and 3 small (9' x 10') $150/month. Fax requirements for use has just been built out. Includes internet, available in new, well appointed and areas of practice to 301-987-2487. phone, fax, copier, kitchen, and 2 professional office suite. Includes use of conference rooms. Available furnished. kitchen, two conference rooms and large Secretarial space also available. Plenty of reception area. Close to Metro, Judicial ATTORNEY POSITION parking. Only a 5 minute drive to Center, and Rockville Town Center. WANTED courthouses. Overflow work available. Option to use copier, internet, phone Independent contractor litigation attorney Call 301-670-6333. system. Underground parking extra. with significant experience is seeking GERMANTOWN – Churchill Executive Assignment of lease also an option. Call new exposure and opportunities. Office Park – high visibility, convenient Robert 301-217-0555 for pricing. Services provided at a flexible hourly rate to I-270; 1,000 SF end unit now ROCKVILLE – Two windowed and include legal research and drafting, available. Call 301-251-9200. attorney offices. Walk to discovery tasks, document review, taking/defending depositions and coverage ROCKVILLE – Attorneys' office suite courthouse/metro. Share conference for court appearances and hearings. has a large windowed office to rent. room, fax and library. Internet access and Additional services available upon Office is available furnished or free parking. One office is approximately request. Please contact Rob at 301-802- unfurnished. Building is located at 1 14 x 14 and the other is 14 x 8. Please 7538 for further information. Church St. Easy walk to metro and call Cindy at 301-762-1400. Courthouses. Suite offers use of two ROCKVILLE – Two windowed offices conference rooms, law library, reception on second floor of two-level office ATTORNEY POSITIONS area/services and eat-in kitchen. Wireless building that has a reception area, AVAILABLE internet service included. Underground conference room, kitchen, copier, FAX FAMILY LAWASSOCIATE – AV rated parking available. Overflow work machine and free parking. Walking family law firm has an opening for an

WHY RENT WHEN YOU CAN OWN THIS OFFICE CONDO

for sale by owner … unique investment opportunity … approx 2100 sq ft … six windowed private offices, conference room, reception, kitchen, built-ins, wired for phone and data ports… plus 7 underground parking spaces, all directly across from the Rockville Courthouse. Please contact [email protected] for more information.

24 The Bar Association of Montgomery County, MD Newsletter December, 2008 WHAT’S NEW ...

associate attorney with 2 - 4 years experi- FAMILY LAW FELLOWSHIP – Burr ADVERTISERS INDEX ence. Please send a letter of interest and Family Law Firm is pleased to announce Andy Stern’s Office Furniture, Inc...... 4 resume to the Law Office of Cheryl Lynn the Burr Family Law Fellowship. The www.andysterns.com Hepfer, 220 North Adams Street, Fellowship is a one year program with Baci Italian Restaurant & Wine Bar . . .24 Rockville, MD 20850, or by fax to 301- the Burr Law Firm and will begin Berenato, White & Stavish, LLC ...... 9 294-2270. September, 2009. Recent law school www.bwsiplaw.com ATTORNEY – ESTATE and TRUST – graduates (including law students gradu- BrennanFisher Appraisal Services ...... 6 www.brennanfisherappraisals.com AV rated Estate and Trust Group of ating in 2009 and judicial clerks whose Circle Treatment Center ...... 10 Bulman, Dunie, Burke & Feld, Chartered, a clerkships end in 2009) are eligible to www.circletreatment.com Bethesda, MD preeminent law firm for over apply. Applications are due December Coakley Realty ...... 9 65 years, seeks an experienced attorney 31, 2008. Fellows will be notified by www.coakleyrealty.com admitted in DC and MD with a portable February 1, 2009. Fellows will receive a CoCard of Maryland ...... 25 practice specializing in estate planning and salary of $50,000 and full benefits. www.cocardmd.com administration and experience in elder law; Interested individuals can visit the web- Creative Dispute Resolutions, LLC . . . .23 www.creativedisputeresolutions.com VA admission a plus. Send resume to site at www.burrlawfirm.com. Stephen J. Dunn, Esquire ...... 5 [email protected]. www.sdunnlaw.com Richard Edelman ...... 9 www.economic-analysis.com Elkind & Shea ...... 14 www.disabilitybenefitslawfirm.com NEW MEMBERS Marc Emden, Esquire ...... 22 wwwEmdenlaw.com Irene H. Chen, Chen Law Group, LLC, 200- 1100, Chevy Chase, MD 20815; tel.: (301) D.C. Academy of Collaborative A Monroe St., Suite 100, Rockville, MD 652-6880; fax: (301) 652-8972; email: Professionals ...... 3 20850; tel.: (301) 787-9221; fax: (301) 424- [email protected] Mark Futrovsky, Esquire ...... 24 6682; email: [email protected] David Harrison ...... 7 Heather M. Morris-Glass, Gingerich & www.marylandappraiser.com Denise M. Clark, The Law Office of Denise Culpepper, 10801 Lockwood Dr., Suite 330, Holland Law Firm, PC ...... 15 M. Clark, PLLC, 1250 Connecticut Ave., Silver Spring, MD 20901; tel.: (301) 681- Insight Treatment Center ...... 11 NW, Suite 200, Washington, DC 20036; tel.: 7400; fax: (301) 681-0879; email: Invotex Group ...... 15 (202) 293-0015; fax: (202) 293-0115; email: [email protected] www.invotex.com [email protected] Kevin A. Taheri, Forman & Taheri, LLP, Kayal & Ghosal, Attorneys at Law . . . .12 Jillian L. DiLaura, Fait, Wise & DiLima, 1375 Piccard Dr., Suite 110, Rockville, MD www.kglaw.us LLP, One Church St., Suite 800, Rockville, 20850; tel.: (301) 251-4080; fax: (301) 251- Michael L. Kabik, Esquire ...... 18 MD 20850; tel.: (301) 251-0100; fax: (301) 4081; email: [email protected] www.srgpe.com/immigration.html 424-7865; email: John W. Thyden, Thyden, Gross & Kershaw Team ...... 14 www.23340FrederickRoad.com [email protected] Callahan, 4601 Willard Ave., Chevy Chase, Stephen M. Koslow, 5730 Dimes Rd., MD 20815-4639; tel.: (301) 907-4580; fax: KS Marketing, LLC ...... 8 www.ksmarketing.net Rockville, MD 20855; tel.: (301) 251-0227; (301) 907-4588; email: [email protected] Leslie McAdoo, Chartered ...... 11 email: [email protected] Carole Vidal-Naquet, 6679 Fairfax Rd., wwwmcadoolaw.com Lucinda Laurel Lea, Furey, Doolan & Bethesda, MD 20815; tel.: (202) 316-8668; The McCammon Group ...... 13 Abell, LLP, 8401 Connecticut Ave., Suite email: [email protected] www.McCammonGroup.com Metro Counseling Services, Inc...... 21 www.metrocounselingservices.com Metropolitan Process Services ...... 21 www.metroprocess24.com Montgomery County Sentinel ...... 18 www.thesentinel.com Oxley & Goldburn Insurance ...... 8 www.oxley-goldburn.com Rial & Associates LLC ...... 18 www.rialassociates.com Risk Management Group ...... 7 www.divorce-and-money.com Rossmann - Hurt - Hoffman, Inc...... 17 www.rhhinsurance.com Target Investigations ...... 20 www.target-investigations.com Howard J. Walsh, Esquire ...... 5 www.srgpe.com/immigration.html Alan S. Zipp, Esquire ...... 19

December, 2008 The Bar Association of Montgomery County, MD Newsletter 25 STATE’S ATTORNEY’S ASSIGNMENTS

WE NEED VOLUNTEERS The Family Law Self Help Center is in need of volunteer attorneys to help self represented litigants in family law matters with legal information and/or legal advice. If you have a desire to serve self represented litigants you can help in one of two ways: 1. Impromptu Volunteering: If you happen to be at the Courthouse between 12:00 pm and 2:00 pm and have a little time to spare, stop by and see one, or maybe two, clients. We almost always have clients waiting during lunch hours, and could use your assistance. 2. Scheduled Volunteering: If you have more time to spare or prefer a more structured arrangement, please contact our Bar liaison: Judi Bluefeld, (301)-279-7817, [email protected], or stop by and consult with the Center staff. In that way, we can let you know when the Center will be shorthanded, and can most use your valuable assistance. Time that you volunteer at the Family Law Self Help Center can be counted as Pro Bono hours to the Court of Appeals.

26 The Bar Association of Montgomery County, MD Newsletter December, 2008 JUDGES SCHEDULES

Schedule updates are available on our website when we receive them https://www.montbar.org/Members%20Only%20Section/CourtSchedules.aspx

Circuit Court

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

December, 2008 The Bar Association of Montgomery County, MD Newsletter 27 Newsletter of the Periodicals BAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND 27 West Jefferson Street, Rockville, Maryland 20850-4200 Postage PAID at Rockville, MD

☺CR Bar Office ConferenceConference Room Room CLRCLE ClassroomCLE Classroom C/S See Committee/Section Pages for Location CLE CLE Seminar–Call (301) 340-2534 to Register See Committee/Section Pages for Location / CLE Seminar–Call (301) 340-2534 to Register DECEMBER JANUARY

2 12:15pm. Bar Luncheon 1 ~ New Year’s Day – HOLIDAY – Bar Offices Closed ~ 3 8:00a.m. C/S Circuit Court Bench Bar 6 12:15pm. Bar Luncheon 12:15p.m. CR Youth Courthouse Project Committee 5:30p.m. CR Criminal Law Section Meeting 5:30p.m. CLE CLE Seminar–Family Law 7 8:00a.m. C/S Circuit Court Bench Bar 4 7:45a.m. CLE CLE Breakfast–Family Law 8:00a.m. CR Elder Law Section Meeting 7:45a.m. CR Employment Law Section 12:15p.m. CR Youth Courthouse Project Committee 8:00a.m. C/S District Court Bench Bar Committee 8 8:00a.m. C/S District Court Bench Bar Committee 5 Noon CR Education Law Section Calendar 5:00p.m. CR Workers Compensation Section 9 8:00a.m. CR Intellectual Property &Technology 9 Noon C/S Education Law Section 5:00p.m. CR Executive Committee Meeting 12 5:00p.m. CR Executive Committee Meeting 6:00pm. C/S Real Estate Law Section Holiday Party 13 8:00a.m. CR Intellectual Property &Technology 10 8:00a.m. C/S Alternative Dispute Resolution Section 8:00am. C/S Real Estate Law Section 12:30p.m. C/S Circuit Court Chamber Chat 8:00a.m. C/S Commercial Litigation Section 4:30p.m. C/S Juvenile Law Section Happy Hour Noon CR Animal Law Section 4:30p.m. CLR Legal Ethics Committee 14 8:00a.m. C/S Alternative Dispute Resolution Section 5:30pm. C/S Taxation Law Section Meeting 12:30p.m. C/S Juvenile Law Section 6:00p.m. C/S Party Around the World Committee 4:30p.m. CR Legal Ethics Committee 11 5:00p.m. C/S Family Law Section Holiday Party 15 8:00a.m. C/S Law Firm Management Section 5:30p.m. CLE CLE Seminar–Workers Comp/PI 5:30p.m. CLR Family Law Section Meeting 12 8:00a.m. C/S Law Firm Management Section 19 ~ Martin Luther King, Jr. Day – Bar Offices Closed ~ 17 12:30p.m. C/S CINA Bench Bar Meeting 22 7:45a.m. CLE CLE Breakfast–Family Law 18 5:30p.m. C/S Immigration Law Section Holiday Get-Together 26 11:45a.m. C/S Estate & Trust Law Section 25 ~ Christmas – HOLIDAY – Bar Offices Closed ~ 26 ~ FLOATING HOLIDAY – Bar Offices Closed ~

Looking Ahead January 1, 2009 ~ New Years Day – Bar Office Closed April 2, 2009 ~ Party Around The World 2009 January 19, 2009 ~ Martin Luther King Jr. Day – Bar Office Closed April 24, 2009 ~ 2009 Annual Meeting & Law Day Celebration February 16, 2009 ~ President’s Day – Bar Office Closed June 1 2009 ~ Bar Foundation Bar Leaders Dinner