BARBULLETIN Volume XXXV, Number 12 • December 15, 2018

2018 Solo Summit Tackles What’s Inside Wage Law, Marketing, Ethics and More President’s

Message BY PATRICK TANDY Page 3 From e-discovery to employee wage issues, the 2018 Solo Summit o ered more than 100 attendees vital knowledge for sole practitioners at every stage of practice on November 9 at Live! Casino & Hotel in Hanover, Maryland. ABA Off ers he daylong conference Publishing, noted Gor- “Transitioning touched on marketing, don-Troy, spotlights an attorney’s to Civilian Life” courtroom and practice knowledge and experience, and Ttechnology, and accounting best can help “catapult their business Resources practices, among other topics. to a new level.” Page 4 Tatia Gordon-Troy, of Ramses Presenter Melanie Glickson House Publishing, LLC, pre- drew upon her 17-year career sented two programs - “Getting as an employment law sole Published: Writing to Position practitioner to underscore the Yourself as an Expert” and “Nuts importance of proper payment Bar Bulletin Focus: & Bolts of Social Media Market- and employee classifi cation. 2019 MSBA ing”. Business development, she “Th ere are a lot of traps for Legislative Preview said, is especially critical for solo the unwary when it comes to in- and small firm practitioners. dependent contractor misclassi- Pages 8-13 “It’s very important for them to fi cation of exempt versus non-ex- fi gure out what exactly will work empt workers,” said Glickson. for them.” Other Summit highlights included Bar Counsel Lydia Lawless’s presentation on ethical My New Year’s considerations when marketing Resolution is… one’s practice; Dave Pantzer (Pro Page 16 Bono Resource Center of Mary- land) and Siobhan Madison’s (Civil Justice, Inc.) deep dive into expanding one’s practice through limited scope representation; The Bar and Howard Metro’s exploration of the “Rules, Ethics and Com- Associations mon Courtesy” that underlie Insurance Trust career transitions. Page 17 Th e Summit also included a meeting of the MSBA Solo & Small Firm Practice Section, which hosted the event, as well as a post-Summit networking happy hour at Centerstage in Live! Casino.

CONTINUED ON PAGE 20

WANT MORE MSBA? VIDEO EXCLUSIVE ONLINE CONTENT PODCAST PHOTOS Look for the following icons to fi nd related content across our platforms. Practice BARBULLETIN Management Volume XXXV, Number 12 December 15, 2018 RESOURCE PORTAL

Published monthly by the TAKE YOUR PRACTICE TO THE NEXT LEVEL.

MARYLAND STATE BAR ASSOCIATION MSBA’s Practice Management Portal provides tools & 520 West Fayette Street resources to help you run your law practice. , Maryland 21201 Our library of whitepapers, articles, checklists and other (410) 685-7878 • (800) 492-1964 exclusive content is designed to help you manage every part of TDD 539-3186 your practice. New content is uploaded every month. E-mail [email protected] • www.msba.org STARTING & CLOSING YOUR PRACTICE Executive Director Victor L. Velazquez RUNNING YOUR PRACTICE Director, Content & Delivery W. Patrick Tandy TECHNOLOGY GUIDANCE & TRAINING ACCOUNTING & FINANCE GUIDANCE

Editorial Staff Learn more about this brand new MSBA member benefi t at Lisa Muscara Brice MSBA.ORG/PRACTICE-MANAGEMENT-PORTAL Editor

2018-2019 Offi cers Hon. Keith R. Truff er NOMINATIONS SOUGHT FOR ABA DELEGATES President

Dana O. Williams PURSUANT TO THE PROVISIONS OF SECTION 6.4 of the Constitution of the American Bar Association, the Maryland State Bar Association is entitled to be represented by a total of President-Elect seven delegates in the ABA House of Delegates. The terms of four MSBA delegates will Deborah L. Potter expire at the conclusion of the ABA Annual Meeting on August 13, 2019. Of those four positions, one must be fi lled by a Young Lawyer Delegate, two are open to any member of Secretary the MSBA, and as a long-continued practice, one of these positions will be fi lled by MSBA’s President-Elect. Hon. Mark F. Scurti Treasurer The MSBA Board of Governors will elect the three delegates at its meeting to be held May 10, 2019. Each delegate will be elected to a two-year term. Advertising The ABA House of Delegates has the ultimate responsibility for establishing the Classifi eds • Displays association’s policies for administration of the association and its positions on professional MCI | USA and public issues. The House elects the ABA offi cers and board of governors. MSBA (formerly Network Media Partners) delegates to the ABA House of Delegates are expected to attend each House meeting and participate in its proceedings. The House of Delegates meets twice each year at the ABA 307 International Circle Annual Meeting in July/August and at the ABA Mid-Year Meeting, typically held in February. Suite 190 Hunt Valley, Maryland 21030 Any member of the MSBA who wishes to be considered for one of the three vacancies (410) 584-1959 should submit his or her name and a brief autobiography and statement of interest to: Victor L. Velazquez, Executive Director, Maryland State Bar Association, 520 West Fayette Jonathan McGraw Street, Baltimore, Maryland 21201, by March 22, 2019. Anyone who expresses an interest Account Executive in these positions by submitting materials in accordance with these guidelines will be deemed nominated as a candidate.

MSBA ETHICS HOTLINE –F––r––a––n––k–––,– –F––r––a––n––k–––&–––––––S––c––h–––e––r–r––,– –L––L––C–– Experts in Elder Law, Estate and Special Needs Planning December January Members should address their written ethics inquiries Elliott D. Petty J. Bradford McCullough to Patricia Weaver, Ethics Baltimore County Montgomery County Committee, 4800 Hampden (410) 339-6747 (301) 657-0734 Lane, Suite 700, Bethesda, MD Christopher S. Young Hon. Joan Bossmann-Gordon 20814, or call (301) 951-9360, or Howard County Baltimore City e-mail tweaver@paleyrothman. (410) 290-0707 (410) 878-8014 com. Opinions of the Ethics Raul M. Bhat Robert F. Miller Committee are available online Montgomery County Baltimore County at www.msba.org. Please 410.337.8900 | www.frankelderlaw.com (301) 785-7177 (410) 823-1800 consult the Rules and MSBA Ethics Opinion Website before Patricia M. Weaver Joshua G. Berman calling. Montgomery County Washington, D.C. (301) 951-9360 (202) 482-4772

2 | BARBULLETIN PRESIDENT’S MESSAGE

DECEMBER 2018 As part of ongoing eff orts to keep membership informed, MSBA President Judge Keith R. Truff er continues to release his monthly video message in lieu of a traditional printed president’s message

To watch his most recent message, select the “President’s Messages” playlist from our YouTube channel at www.youtube.com/user/MDStateBar/playlists.

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MSBA.ORG | 3 MSBA NEWS

Dateline From the Boardroom JANUARY

8 Tax Section members are invited to attend this bi-month- ly meeting of the Employee Benefi ts Study Group. Th e Study Group generally meets at noon on the second Tuesday of January, March, May, September, and November. Each meeting is a roundtable discussion of timely employee benefi ts topics, and lunch is served. Meeting announce- ments and topics are e-mailed shortly before each meeting. If you would like to be added to the e-mail list, contact BY ANNA SHOLL [email protected]. The Board of Governors met on October 25, 2018 in conjunction with the 59th Annual 10 You are invited to honor Chief Judge Patrick L. Woodward Conference of Bar Presidents. MSBA President, Judge Keith R. Tru er opened the meeting Court of Special Appeals of Maryland, in celebration of his re- by discussing the importance of the Conference of Bar Presidents, including its ability to join tirement. Starting at 5:30 p.m. at the Hilton Hotel, 1750 Rock- diverse groups of attorneys from across the state. ville Pike, Rockville, MD 20852. Tickets are $75 per person, As part of his report, Judge Truff er gave the Board Coe, III. Th ese distinguished guests provided the and inquiries may be directed to [email protected]. of Governors their fi rst glimpse at an upcoming Board of Governors an overview of the Access to 17 Join the MSBA Taxation Law Section for their Tax Con- charity event. Th e event, which will take place in Justice Commission, as well as perspectives on why troversy Study Group Meeting from 9:00 a.m. - 10:15 a.m. at May 2019, will be the performance of a play written the Commission is important, and how joining with Rosenberg Martin Greenberg, LLP, 25 South Charles Street, by Paul Mark Sandler, about the fi ctitious trial of Al the MSBA will further its mission. In addition, Reena Capone, allowing prestigious attorneys from across Baltimore, MD 2120. Speaker Joseph Teti, IRS Appeals Offi cer Shah, Executive Director of the Commission provid- Maryland to add acting to their resumes. Proceeds ed a presentation on the Commission’s current work. will be discussing IRS Collection Appeals. To attend, please from the play will benefi t the Maryland Access to Th e meeting also had other exciting moments, send a $45 check made payable to Rosenberg Martin Green- Justice Commission, which became part of the MSBA including a demonstration of the new technology berg, LLP. to Rosenberg Martin Greenberg, LLP to the atten- earlier this year. In addition, Judge Truff er welcomed being designed to replace the existing Email Dis- tion of Giovanni Alberotanza. two new Board of Governors at the meeting. James cussion List system. Th e new software, titled MSBA th Th e Maryland State Bar Association’s Young Lawyers Brewer fi lled the vacancy in the 11 Circuit, and Connect, will have new features, including the ability 26 th Section and Public Awareness Committee WANT YOU to the Hon. Elizabeth Morris fi lled a vacancy in the 7 to share documents and other attachments. Rollout plunge for a great cause! Join them at Sandy Point State Park Circuit created when Debbie Potter was elevated to of the new technology will be gradual, initially to a from 11:00 a.m. - 2:00 p.m. to for the Polar Bear Plunge and MSBA Secretary. few test sections, before full rollout in mid-2019. Stay Th e primary business objective covered during tuned for more details on this exciting development. help raise funds to support the 7,782 athletes of Special Olym- the October 2018 meeting involved discussion of In addition, MSBA President, Judge Truff er, pics Maryland. For more information, contact Amy Rappole the revised Email Discussion List rules. Members welcomed new Board of Governors members, Carl at [email protected]. of the Board of Governors received copies of all the Schlaich, who fi lled the fi nal vacancy on the Board, comments obtained during the open comment pe- representing the 9th Circuit, Harford and Cecil riod, and engaged in extensive discussion regarding Counties. ABA Delegate, Hon. Pamila J. Brown, revising the rules in light of these comments. Th e also provided an update on events at the ABA, Board of Governors ultimately voted to give authority and noted that MSBA member Kevin Shepherd is News to the Executive Committee to adopt the fi nal rules running for Treasurer of the ABA. Th e November Government Practice after the revisions discussed during the meeting meeting adjourned to a meet & greet between MSBA were completed. Leadership, Board of Governors and the Maryland Th e Board of Governors also met shortly before Access to Justice Commissioners. Th anksgiving, on November 20, 2018. Th is meeting Th e next Board of Governors meeting is sched- of the Board included some very distinguished uled for Tuesday, December 18, 2018 at the State guests, including Attorney General Brian Frosh, House in Annapolis. For more information on the University of Maryland Francis King Carey School of Board of Governors, including minutes from prior Law’s Dean, Donald Tobin, meetings and/or agendas for upcoming meetings, School of Law’s Dean, Ronald Weich, and Chair of please visit the Leadership page under the “About” the Maryland Access to Justice Commission, Ward tab of the MSBA website. ABA Offers “Transitioning to Civilian Life” Resources The decision to leave the Here you’ll fi nd résumé, cover let- MSBA Honors Bernadette Simmons’ service for civilian practice is sig- ter, interviewing and networking nifi cant. To complicate matters, tips from military lawyers who that initial decision requires you have successfully made the tran- Thirty Years of Service to make many more decisions. sition to civilian lawyer. You can What type of work do you want to even fi nd tips for what to consider do? Where? What are your goals when looking at a compensation Please join us in congratulat- questions about membership, Outside of the MSBA, Bern in life and in your career? Once package. ing Bernadette Simmons for her helping members sign up for is a proud mother and a loving you answer those questions, the Check www.americanbar. thirty years of service at the MSBA. events, and handling other mem- grandmother. Feel free to send real work of fi nding a job begins. org/groups/government_public/ Bernadette (aka “Bern” to other ber questions and concerns. Bern Bern an email congratulating Th e Transitioning to Civilian Life: resources/military_lawyers_con- MSBA staff ) is our most senior comes to work everyday with a her for her dedicated service at A Roadmap for Military Lawyers ference/transitioning_to_civil- Member Services Specialist, and smile on her face and a positive [email protected]. program off ers practical advice ian_life/ for additional details and spends her days interacting with attitude, and is a valued member for attorneys making this change. resources. our members, answering their of the MSBA team.

4 | BARBULLETIN MSBA NEWS

LinkedIn News Stories Hundreds of attorneys follow us on LinkedIn. Join them and receive these useful articles and more in real time at msba.org/linkedin.

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Don’t Be Fooled by Fraudulent IP Services Solicitations

BY DAVID S. TAYLOR Over the past several years, off er worthless services that are our fi rm has received numerous characterized as essential. Even illegitimate solicitations often include phone calls and emails from While not all of these solic- clients inquiring about letters, itations are illegitimate, most accurate identifying information. emails and other communica- of the time (almost always) we tions soliciting services relating inform clients that the invoices gations to fi le documents (such as or are purported to be on behalf istrants and applicants through to their intellectual property that accompany them are scams, trademark“ renewal applications of what appears to be the USPTO companies called Trademark (“IP”), especially their U.S. and and instruct the clients to deposit and affi davits) and pay accom- or foreign agency, makes them Compliance Center (TCC) and foreign patents, patent applica- them in the nearest wastebasket panying fees (e.g., renewal and appear legitimate. Fear over Trademark Compliance Offi ce tions, trademark registrations, or shredder. maintenance) with the USPTO one’s IP unintentionally expiring (TCO). In August 2017, the “mas- and trademark applications. Th e It should not be surprising or an equivalent foreign agency. or becoming abandoned should termind” of the scam (referred to communications typically claim that scammers have infi ltrated Indeed, even illegitimate solic- a payment not be received by a as “a Porsche-driving trademark that a fee, usually quite high, is the IP domain, given that they itations often include accurate certain date can worry even the fraudster” by one online publica- due. Th e communications some- have permeated just about every identifying information (such most skeptical clients. tion) was sentenced to 96 months times come from what appears to aspect of all of our lives (and have as patent numbers, registration Do IP owners fall for these in prison and was ordered to pay be a governmental agency, such become much more sophisticat- numbers, issuance or registration scams? A December 2016 press over $1.5 million in restitution. as the U.S. Patent & Trademark ed than Nigerian princes wanting dates, etc.) that the scammers release from the U.S. Department Th e USPTO website includes Office (“USPTO”). Often, the to transfer millions to our bank obtained from online records of Justice reported two men advice for helping IP owners communications identify an accounts). Th e scams are not of the USPTO, the World Intel- pleading guilty to a mass-mailing identify scams (which the USPTO upcoming deadline and include always easy to detect, especially lectual Property Organization scam that targeted owners of perhaps more diplomatically a dire warning that should the considering that maintenance (WIPO), and foreign government U.S. trademark registrations and refers to as “misleading notices”) services not be performed or of U.S. and foreign patents and agencies. Th e professional ap- applications. Th e men admitted and distinguish them from au- fees paid, the referenced IP will trademark registrations often pearance of such solicitations, to stealing approximately $1.66 thentic USPTO correspondence. expire or go abandoned. Others involves legitimate ongoing obli- which sometimes include a seal million from U.S. trademark reg- CONTINUED ON PAGE 19

MSBA.ORG | 5 PRO BONO PROFILE

PBRC PARTNER PROFILE: A Conversation with Cory Zajdel Pro Bono Attorney

Which of PBRC’s projects do you volunteer with? I volunteer with the Consumer Protection Clinic in Baltimore City. Th e project helps people who are being sued by debt collectors for amounts of money between $500 and $15,000. We meet with people who can’t aff ord an attorney, and give them advice about their case.

How does the project make it easy? Can you share something that most of your PBRC provides web-based training, as well as colleagues may not know about you? malpractice insurance. Th e project runs two I was a stand-up comedian before I was an days a week in Baltimore City, and you volunteer attorney, and also during my fi rst year or two in only when you are available. Also, as you start practice. I wrote and performed comedy up and volunteering, you can sit down with a more down the East Coast from New York to Florida. experienced attorney for your fi rst couple of times. What message would you give to attorneys Do you have a favorite client story? thinking about volunteering? One of my clients from the clinic was being sued It’s a huge honor to be a member of the bar, and by a used car dealer who was representing himself. we shouldn’t take that responsibility lightly. Th e dealer had provided fraudulent paperwork Every year we’re required to submit the number to the court, and was suing on a loan that was of pro bono hours we gave. I think at the end of fully paid. After I talked with my client, did the year when people go to fi ll out that form, they some digging with the MVA, and found the real look back and think, “Oh, I should have made documents, we went into court. more time.” In the middle of the dealer’s testimony, the judge So I say this year, make more time. Th en next year, saw that the dealer was lying and advised him, as you’re fi lling out that form, you’ll remember the then and there, of his right to plead the fi fth. At names of the people that you helped. Someone that point the dealer stopped the discussion, and will get a car loan because of you. Someone will PROFESSIONAL the judgment was in favor of my client. get approved for a mortgage, or receive a security EXCURSIONS What do you like most about volunteering? clearance from the federal government because a debt is absolved and a case isn’t fi led against them. ESCAPE | ENGAGE | EXPLORE If I can help a client save even a couple of dollars, You’re changing people’s lives when you volunteer or negotiate a better settlement, or get them out of at the Consumer Protection Clinic! a debt completely, I love to do it. Th ey’re the most thankful clients that I’ve ever had. To see video footage from this interview, visit www.probonomd.org/consumerprotection.

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6 | BARBULLETIN MSBA.ORG | 7 BAR BULLETIN FOCUS LEGISLATIVE PREVIEW A Special Section of the Bar Bulletin 2019 MSBA Legislative Preview

BY RICHARD A. MONTGOMERY III Election 2018 - Massive Transition ith all 188 General Assembly seats on the ballot every 4 years, there are always going to be a few surprises here and there. And as is generally the case, there were several sur- prises in the Primaries, but relatively few in the General Election. At every election, there is always a certain degree of turnover in representation. But add to that reality an inordinate number of retirements, and incumbents seeking higher office, and the 2018 election cycle had a much higher degree of turnover than most would have anticipated twoW years ago. The result is that the legislative halls and committee hearing rooms of Annapolis will have a drastically different look and feel come January 9, 2019. For that reason, in this edition of the Legislative Preview, I will focus more than usual on new players in Annapolis, and their likely impact upon the legislative process in 2019.

Governor Kittleman was defeated by Calvin Ball III, the two- This may have been the quietest Maryland gu- term Chair of the Howard County Council. Ball, long From the President bernatorial contest of my adult life. By final tally, regarded as a rising star in Democratic Party circles, December 15, 2018 Governor Hogan was re-elected by a margin of 12 defeated Kittleman by a 53-47 margin. In Baltimore points. Frankly, the race didn’t feel even that close. County, after an intense primary election battle with Dear Members, This race for governor felt as though it was over before State Senator Jim Brochin, and two-term County it began. As much as I hate political advertising, I Councilwoman Vicki Almond, former Delegate John On the 9th of January, less than read it, watch it, and listen to it very closely. To unseat Olszewski (“Johnny O”) defeated Republican Al Red- a month from now, the Maryland a remarkably popular incumbent governor, a lot of mer, Jr., the current Insurance Commissioner, by a General Assembly will convene for its breaks have to fall your way. But there’s an adage in margin of 58-42. In Anne Arundel County, Democratic 439th annual session. This year, there sports that sometimes you have to make your own challenger Steuart Pittman upset incumbent Steve will be an unusually large number breaks. Ben Jealous failed to do that. Schuh by a 52-48 margin. of changes in the composition of the Legislature due to As I mentioned in this space last year, as election numerous retirements and electoral upsets in the 2018 season was truly just getting underway, Governor Attorney General elections. It is sure to be a time of great activity as new Hogan had an approval rating in the mid-to-high 60 In terms of recent history, all of the “action” in the and returning members adjust to the many changes, and percent range, placing him behind only Gov. Charlie race for the office of Attorney General tends to occur work toward solving the pressing policy matters that have Baker (R-Massachusetts) in the ranking of most in the primary election. However, the 2018 primary awaited them since the General Assembly adjourned popular governors in the US. (Interestingly, both are election for the office was not nearly as suspenseful in April. Republicans in overwhelmingly Democratic states.) as the 2014 primary, where then-State Senator Brian Additionally, Gov. Hogan has managed one other feat, Frosh narrowly defeated then-Delegate Jon Cardin As ever, MSBA Committee on Laws and the MSBA that could be considered ‘dancing on the head of a and went on to win the general election. Legislative Office will monitor this coming year’s legislation pin,’ in that he is a Republican who has occasionally This time around, Attorney General Frosh ran and, when appropriate, will make action recommendations criticized President publicly without unopposed in the primary, and faced off against to the MSBA Board of Governors (which is to say, to take becoming a presidential twitter target. Republican challenger, Craig Wolf, a former pros- a position which supports, supports with amendments, Other factors in the demise of Mr. Jealous’ hope ecutor, and wholesale wine and spirits executive. opposes, or monitors particular bills). The MSBA will keep of winning the Governor’s Mansion were that he was Much of the discussion in the debate between the two you apprised of those actions on a regular basis. never able to make a case that the current governor candidates seemed to focus upon the participation by Mr. Frosh’s office in a number of lawsuits against The MSBA Legislative Office anticipates that several key has failed in his first term, or how he would address the federal government, more specifically against issues of potential interest to the MSBA will come up the many problems facing Maryland in a more effec- certain actions by the Trump administration. Mr. during the 2019 session. These bills will likely inspire tive way than the current governor. These problems Wolf argued that Maryland participation in these legislation introduced before the standing committees of were exacerbated by the fact that neither Mr. Jealous, lawsuits was unnecessary, because other states had the General Assembly, which may affect the practice of law nor his running mate for lieutenant governor, Susan joined the federal court actions. However, AG Frosh or the administration of justice. Those issues include: Trumbull (of Montgomery County), had any prior gov- ernment executive or legislative experience between countered that the decision to act in concert with • Juvenile Justice Reform them. Thus, neither could point to any track record other states was based on the need to protect the • Sexual Assault of problem-solving in the public sector. interest of Marylanders. • Body Attachments Even with unusually high turnout for this guber- More widely known are participation by the At- • Contested Judicial Elections natorial election in this heavily Democratic state, the torney General in multistate court actions relating • 3D Printed Guns fact is that much of the turnout was driven not by to preservation of provisions of the Affordable Care • Marriage - Permissible Age interest in the race for Governor, but the most eagerly Act (ACA), and allegations that President Trump • Divorce - Mutual Consent anticipated midterm Congressional election in per- has violated the Emoluments Clause of the US Con- • Parole Reform haps a generation. The electorate’s overall satisfaction stitution, by not divesting of his business interests • Redistricting with the performance of Governor Hogan likely could that are profiting from continued business with Should you have any questions concerning general not have been overcome by any challenger in 2018. foreign governments. legislative issues, or the MSBA’s position on specific In another recent federal lawsuit, the State pre- bills, please contact our Legislative Director, Richard County Executives vailed in a case where a panel of judges determined Montgomery [email protected], or our Legislative One surprising outcome of the 2018 Maryland that the US Environmental Protection Agency (EPA) Assistant, Parker Wimberly [email protected] at general election was that the remarkable popular- had failed to require the disclosure of dangerous (410) 269-6464. ity of Governor Hogan did not sustain Republican chemical storage to first responders and commu- candidates in major county executive races across nities near the storage sites in question. Sincerely, the State. Although I do not believe that the lack of However, a lesser-known action involves the GOP success at the county executive level would be Attorney General’s involvement on behalf of the Keith R. Truffer attributable to any dissatisfaction with the GOP at citizens to block a Trump administration settlement President the national level. in an action involving the international distribution In Howard County, popular incumbent Allan of downloadable schematics for the manufacture

8 | BARBULLETIN BAR BULLETIN FOCUS LEGISLATIVE PREVIEW

Key Dates General Assembly of Maryland 2019 Session – 439th Session JAN. 9 GENERAL ASSEMBLY CONVENES Swearing in of Members 16 Inauguration of the Governor and the Lieutenant Governor 18 10th Day – Final date for the Governor to introduce budget bill 18 10th Day – Final Date for the Governor to introduce capital budget bill 18 10th Day – Final date for submission of Executive Orders reorganizing the Executive Branch of State Government; either Chamber may disapprove by resolution within 50 days 21 13th Day –Administration bills introduced in the Senate after this date referred to Senate Rules Committee 22 14th Day – SENATE AND HOUSE BILL REQUEST GUARANTEE DATE 30 Governor delivers the State of the State Address TBA Election of the State Treasurer FEB. 4 27th Day – SENATE BILL INTRODUCTION DATE Senate bills introduced after this date referred to the Senate Rules Committee 7 Day before House Bill Introduction Date; “Hopper” will close at 5:00 P.M. 8 31st Day – HOUSE BILL INTRODUCTION DATE House bills introduced after this date referred to the House Rules and Executive Nominations Committee 17 40th Day – “Green Bag” appointments submitted by Governor (Delivered on Friday, February 15) MAR. 4 55th Day – Final date for introduction of bills without suspension of Rules 12 63rd Day – Committee Reporting Courtesy Date Each Chamber’s committees to report their own bills by this date 18 69th Day – Opposite Chamber Bill Crossover Date Each Chamber to send to other Chamber those bills it intends to pass favorably Opposite Chamber bills received after this date subject to referral to Rules Committees (Senate Rule 32(c), House Courtesy Date) APR. 1 83rd Day – Budget bill to be passed by both Chambers 8 90th Day – ADJOURNMENT “SINE DIE” MAY 8 Final date for an extended session

and distribution of untraceable (D-Balti- Assembly – Senator-elect Katie 3D-printed guns. The suit further more City – Education, Health & Fry Hester, of District 9 in Howard alleges that the settlement vio- Environmental Affairs), and the County. One distinct ratio change lates the 10th Amendment to the retirement of Budget & Taxation is the proportion of Democrats/ Constitution by abridging a state’s chairman, Senator Ed Kasemeyer, Republicans, and that of lawyers/ right to regulate firearms. The Senate President Thomas V. Mike non-lawyers. Last session both attorneys general of Massachu- Miller has had to replace 75 per- those ratios were 6/5, while in setts, Connecticut, New Jersey, cent of his key leadership team. 2019, those numbers will become Pennsylvania, Oregon, New York, 7/4. That may not seem like a Washington, and the District of Senate Judicial Proceedings colossal difference, except for the Columbia joined the suit. Committee reality that in JPR, a fair number (In the 2019 Session of the While many of the legislative- of key bills previously passed General Assembly, 3D-printed ly-active Sections of the MSBA or failed in the Committee by a guns will be a hot topic.) follow bills that may be assigned vote of 6-5. to virtually any of the 10 Stand- Senator Robert A. (Bobby) ing Committees of the General Zirkin (D- Baltimore Co.) returns General Assembly Assembly, the bulk of the bills as Chair of JPR, with Senator Will Senate acted upon by the MSBA Board Smith (D – Montgomery) being el- It will be a very long time of Governors tend to be assigned evated to serve as Vice-chair of the before the Senate of Maryland to two Committees – the Senate Committee (last year’s Vice-chair, looks as different to begin a new Judicial Proceedings Committee Senator Delores Kelley has been term as it will come January. With (JPR) and the House Judiciary appointed as Chair of the Senate the stunning primary election Committee (JUD). The JPR will Finance Committee). Of the new defeat of two standing committee have five new members this year, lawyer-legislator members on the chairs, Thomas “Mac” Middleton although only one of those new (D-Charles Co. - Finance), and members is new to the General CONTINUED ON PAGE 10

MSBA.ORG | 9 BAR BULLETIN FOCUS LEGISLATIVE PREVIEW

CONTINUED FROM PAGE 9

Committee, Senator Jill Carter the absence of Delegate Joseph Vallario’s tenure as Chairman Judiciary Committee. Del. Clip- stakeholder confidence in the (D-Baltimore City) previously F. Vallario, Jr. as House Judiciary were first, his unofficial phasing pinger serves as a prosecutor in Committee process. served for four terms, all as a Committee Chairman. Delegate out of the Judiciary Committee’s Baltimore City. One of Delegate member of the House Judiciary Vallario was first elected to the Subcommittee system. While Clippinger’s very first pronounce- Committee. Senator-elect Jeff House of Delegates in 1974, on paper those Subcommittees: ments was that, as Chairman, he Lawyers in the Waldstreicher (D-Montgomery) and has served continuously Civil Law, Criminal Law, Family would restore a Subcommittee Legislature served two terms on the House in that Chamber ever since. He Law, and Juvenile Law nominally system to the House Judiciary When the 2018 Session of Judiciary Committee, before mov- was appointed Chairman of existed, the Chairman tended Committee. Also, having served the General Assembly convened, ing over to the Economic Matters the House Judiciary Committee to rely upon a trusted group of previously on the Judiciary Com- there was a total of 39 lawyers Committee. Senator-elect Chris going into the 1993 Session, by advisers on the Committee that mittee, where a fair number of among the body, nine in the West (R-Baltimore Co), a former then-Speaker Clayton Mitchell. came to be known as the “back members felt their votes didn’t Senate of Maryland and 30 in the member of the MSBA Board Delegate Vallario was defeated room.” Although not as nefarious really matter under Chairman House of Delegates. When the of Governors, served on the in the 2018 primary election by as it might sound, it gave the Vallario’s system, I believe that 2019 Session commences there House Health & Government , a business manage- Committee an informal struc- Del. Clippinger will find an ap- will be an overall increase of Operations Committee. ment and IT consultant in Prince ture, to which many advocates proach that will perhaps foster four in the number of attorneys. So, while at first blush it might George’s County. had difficulty adjusting. The greater Committee morale. There will remain nine lawyers in seem as though JPR might be On a personal level, I remem- second most notable feature of the Senate, but there will be 34 in slowed a bit from nearly half the ber the emergence of Chairman his time as Chairman was “The Subcommittees the House. Committee being “new,” I would Vallario’s style in 1993 quite Drawer” where bills go to die. The In the late ‘80s and early ‘90s, Here is some very basic infor- expect that the Committee will mation about the new lawyers congeal quickly under the lead- joining the General Assembly ership of Chairman Zirkin and in 2019: Vice-chair Smith. Lawyers in the 2018 Lawyers Who Previously Served Senate Judicial Proceedings in the General Assembly Committee (JPR) Roster Maryland General Assembly • Senator Jill Carter: served • Senator Robert A. Zirkin four terms in the House of (D-Baltimore County), Chair Senate of Maryland (9). Delegates, through 2014, • Senator William C. Smith Jr. Senate President Thomas V. Mike Miller, Jr. (D), Calvert & Prince George’s Counties; Robert Zirkin all on the House Judiciary (D-Montgomery), Vice-Chair (D), Baltimore County; Brian Feldman (D), Montgomery County; Susan Lee (D), Montgomery Committee; served as Chair • Senator Jill P. Carter County; (D), Montgomery County; Will Smith (D), Montgomery County; Bob Cassilly (R ), Cecil & Harford Counties; (R ), Baltimore County; William Ferguson IV of the Judiciary Committee (D-Baltimore City) * (D), Baltimore City, Subcommittee on Juvenile • Senator Robert G. Cassilly Law; left the legislature to (R-Harford) House of Delegates (34). serve in the administration • Senator-elect Katie Fry Dan Cox (R ), Carroll & Frederick Counties; (R ), Baltimore & Carroll Counties; of Mayor of Hester (D-Howard) * (D), Baltimore County; Jon Cardin (D), Baltimore County; (D), Baltimore City, as Director of • Senator Michael J. Hough Howard County; Jen Terrasa (D), Howard County; (D), Montgomery County; the Office of Civil Rights and (R-Frederick) Sara Love (D), Montgomery County; (D), Montgomery County; (D), Wage Enforcement. • Senator Susan C. Lee Montgomery County; (D), Montgomery County; Vaughn Stewart (D), Mont- • Delegate Jon Cardin: served (D-Montgomery) gomery County; (D), Montgomery County; Joseline Pena-Melnyk (D), Anne Arundel in the House of Delegates from • Senator Justin D. Ready & Prince George’s Counties; Geraldine Valentino-Smith (D), Prince George’s County; 2003 through 2010, including (R-Carroll) (D), Prince George’s County; C.T. Wilson (D), Charles County; Debra Davis (D), Charles County; his service as Chairman of the • Senator-elect Jeff Brian Crosby (D), St. Mary’s County; J. Sandy Bartlett (D), Anne Arundel County; Susan McComas Ways & Means Election Law Waldstreicher (R ), Cecil County; (R ), Caroline, Dorchester, Talbot & Wicomico Counties; Kirill Subcommittee. (D-Montgomery) * Reznik (D), Montgomery County; Samuel Rosenberg (D), Baltimore City; (D), Baltimore • Senator-elect Mary L. City; Stephen Lafferty (D), Baltimore County; (D), Baltimore City; Keith Haynes (D), Washington (D-Baltimore Baltimore City; Charles Sydnor III (D), Baltimore City; Stephanie Smith (D), Baltimore City; Luke Lawyers Newly City) * Clippinger (D), Baltimore City; Brooke Elizabeth Lierman (D), Baltimore City; Wanika Fisher (D), Elected to the • Senator-elect Christopher Prince George’s County West (R-Baltimore County) * General Assembly * denotes new member of JPR House of Delegates • Dalya Attar, Baltimore City: House of Delegates vividly. Joe’s first year as Chair- Maryland General Assembly has the Subcommittees of House Judi- Assistant State’s Attorney, As of this writing it is difficult man was my first year in the a very strong Chairman/Chair- ciary met after the morning floor Baltimore City; previously in to assess the overall outlook for Legislative Office of Governor woman system, under which sessions, but before Committee private practice the Maryland House of Delegates, William Donald Schaefer, and the Presiding Officers give great bill hearings. Often, the Subcom- • J. Sandy Bartlett, Anne given that Standing Committee all of the bills for which I was deference to their Committee mittees would invite stakeholders Arundel County: intellectual assignments of the 141-member responsible were going to have to Chairs by allowing them to kill to the Subcommittee work ses- property attorney, and professor body have not been completed. pass through the House Judiciary bills by keeping certain bills not sions after the bill had received • Dan Cox, Frederick County: But as was the case with the Committee. Some days went to their liking, “in the drawer.” Joe its public hearing. Occasionally, private practitioner and Senate, primary election upsets better than others, but by Sine had perhaps the deepest drawer those work sessions resolved dis- agricultural advocate in and retirements (proportionately Die the Chairman was no longer of any Chairman in a generation agreements among stakeholders Frederick County fewer than in the Senate) have led speaking to me. By the time the in Annapolis. and led to compromise that might • Brian Crosby, St. Mary’s to uncommonly high turnover next Session rolled around, all save a bill that might otherwise County: Sr. Consultant Booz again in the House. was good again between us, and Enter Chairman have died. Even if the new Sub- Allen Hamilton; MD National we had a productive, respectful After the defeat of Chairman committee system is not quite Guard, Infantry House Judiciary Committee relationship for the remainder Vallario in the primary, House as open as the old system, sub- • Charlotte Crutchfield. Perhaps the most notable his long tenure. Speaker selected Delegate Luke committees, generally, provide Montgomery County: former difference in Annapolis in 2019 Perhaps two of the most no- Clippinger (D-Baltimore City) an added layer of transparency Assistant State’s Attorney; – at least in legal circles, will be table characteristics of Chairman as Chairman-designee of the that should enhance public and employment law practitioner

10 | BARBULLETIN “ BAR BULLETIN FOCUS LEGISLATIVE PREVIEW

• Debra Davis, Charles County: In 2019, the General Assembly where, was that more juveniles Charles County Commissioner; will attempt to reform Maryland’s than ever before were being tried 2018 Committee on Laws private practitioner juvenile justice systems and as adults, as were younger juve- • Wanika Fisher, Prince structures in a manner consistent niles than ever before. Th is was Kevin Arthur Margaret McKee George’s County: prosecutor, with their groundbreaking work the era that gave rise to “Scared Craig Ballew Timothy Meredith and former legislative staff er over the past three years on the Straight” programs throughout Kathleen Cahill Elizabeth Morris • Sara Love, Montgomery Justice Reinvestment Initiative the nation. David Cahn Robert Mueller County: former Chair of the (JRI), principally aimed at the Although the 2019 Session Gary Christopher Richard Neuworth Board of ACLU-Maryland adult off ender population. Th e marks the start of a new term of William Dunn Steven Platt and Law Enforcement Action JRI was a truly bipartisan eff ort, the General Assembly, with many Susan Durbin Nancy Purpura Partnership (LEAP) whose broad goal was to enhance new members, I am optimistic Gardner Duvall Laura Rhodes Christy Fisher Lynn Robeson • Emily Shetty, Montgomery public safety by reducing correc- that the bipartisan eff ort that Robert Hanley Phillip Robinson County: former Senior Director tions spending and reinvesting led to the passage of the JRI will Lawrence Hill Steven Salant of Federal Legislative Aff airs for those savings in proven public encourage and motivate the new Katherine Howard William Sinclair the Leukemia & Lymphoma safety strategies. legislature to lay a foundation for Kelly Iverson Margaret Teahan Society Maryland’s juvenile ser- meaningful reform of the juvenile Christopher Kehoe David Weinstein • Stephanie Smith, Baltimore vices/juvenile justice system justice system in a manner that John Kenney David Wildberger City: Assistant Director, has been “reformed” many times values the precepts of the JRI. David Lease Th o m a s Y st o Baltimore Department of in the State’s history. Th e most In past years, legislation Jared Marx Planning recent wide-sweeping effort related to juvenile off enders has • Vaughn Stewart, commenced in 1995, when both been of great interest to Senate Richard Montgomery III, Staff Montgomery County: served major political parties had be- JPR Chairman Bobby Zirkin. Parker Wimberly, Staff on Montgomery County come adherents of the “get tough Going into the 2019 session, Community Development on crime” approach. State around newly selected House Judiciary the nation, including Maryland, (the MSBA supports such leg- tion. Because bills to convert Advisory Committee Vice-Chair-designee, Delegate at least partially abandoned the Vanessa Atterbeary has stated islation), means that such a bill Maryland to a retention election • Jen Terrasa, Howard County: “services” model of dealing with that juvenile justice reform will be will suddenly sail through the state remained in the Chairman’s 12-year member of the Howard acute juvenile delinquency, opt- one of her key priorities, as well. General Assembly, think again. aforementioned “drawer” many County Council; Howard ing instead for a more straight- Although Chairman Vallario was legislators were allowed to remain County Planning Board; forward punishment model. Contested Judicial Elections the most vocal, and most public silent as to their position on the mediator (Maryland even renamed the For anyone operating under opponent of such legislation, I issue. Th en again, perhaps with Department of Juvenile Services the notion that the departure of am certain that there are prob- the high degree of turnover in Issues for 2019 to become the Department of Joe Vallario, a longtime opponent ably many other members of the the legislature, perhaps abolition Juvenile Justice.) Th e unfortunate of attempts to abolish contested judicial committees in Annapolis of contested elections is an idea Juvenile Justice Reform result, in Maryland and else- circuit court judicial elections who also oppose such legisla- CONTINUED ON PAGE 19

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MSBA.ORG | 11 BAR BULLETIN FOCUS LEGISLATIVE PREVIEW

Maryland House of Delegates Delegate Dist. Jurisdiction 39 Montgomery County General Assembly Christopher Adams 37B Caroline, Dorchester, Talbot & Wicomico Counties Curt Anderson 43 Baltimore City Carl Anderton Jr. 38B Wicomico & Worcester Counties Steve Arentz 36 Caroline, Cecil, Kent, & Queen Anne's Counties State Senate 7 Balitmore & Hardord Counties Dalya Attar 41 Baltimore City Senator Dist. Jurisdiction Vanessa Atterbeary 13 Howard County Malcolm Augustine 47 Prince George's County Heather Bagnal 33 Anne Arundel County Jack Bailey 29 Calvert, Charles & St Mary's County Ben Barnes 21 Anne Arundel & Prince George's Counties 32 Anne Arundel County 25 Prince George's County Joanne Benson 24 Prince George's County Erek Barron 24 Prince George's County 38 Somerset, Wicomico & Worcester Counties J. Sandy Bartlett 32 Anne Arundel County Jill Carter 41 Baltimore City Kumar Barve 17 Montgomery County Bob Cassilly 34 Cecil & Harford Counties Wendell Beitzel 1A Garrett & Allegany County Adelaide Eckardt 37 Caroline, Dorchester, Talbot & Wicomico Counties 8 Baltimore County George Edwards 1 Allegany, Garret & Washington Counties Joseph Boteler III 8 Baltimore County Sarah Elfreth 30 Anne Arundel County Regina Boyce 43 Baltimore City Arthur Ellis 28 Charles County Talmadge Bramch 45 Baltimore City Brian Feldman 15 Montgomery County 41 Baltimore City William Ferguson IV 46 Baltimore City Eric Bromwell 8 Baltimore County Jason Gallion 35 Cecil County Benjamin Brooks 10 Baltimore County Melony Griffith 25 Prince George's County Jason Buckel 1B Allegany County 13 Howard County Michael Busch 30A Anne Arundel County 40 Baltimore City Alice Cain 30A Anne Arundel County Stephen Hershey Jr. 36 Carline, Cecil, Ken & Queen Anne's Counties Jon Cardin 11 Baltimore County Katie Hester 9 Carroll & Howard Counties Edward Carey 31A Anne Arundel County Michael Hough 4 Fredick & Carroll Counties Alfred Carr 18 Montgomery County J.B. Jennings 7 Baltimore & Harford Counties Andrew Cassilly 35B Harford County Cheryl Kagen 17 Montgomery County Mark Chang 32 Anne Arundel County Delores Kelley 10 Baltimore County 20 Montgomery County Nancy King 39 Montgomery County Nick Charles 25 Prince George's County Katherine Klausmeir 8 Baltimore County Brian Chisholm 31B Anne Arundel County Benjamin Kramer 19 Montgomery County 4 Carroll & Frederick Counties Clarence Lam 12 Baltimore and Howard Counties Jerry Clerk 29C Calvert & St. Mary's Counties Susan Lee 16 Montgomery County Luke Clippinger 46 Baltimore City Cory McCary 45 Baltimore City Frank Conaway Jr. 40 Baltimore City Thomas Miller Jr. 27 Calvert & Prince George's Paul Corderman 2B Washington County Shirley Nathan-Pulliam 44 Baltimore City Dan Cox 4 Carroll & Frederick Counties 26 Prince George's County Brian Crosby 29B St. Mary's County Douglas Peters 23 Prince George's County Charlotte Crutchfield 19 Montgomery County Paul Pinsky 22 Prince George's County 19 Montgomery County 5 Baltimore & Carroll Counties Dereck Davis 25 Prince George's County Edward Reilly 33 Anne Arundel County Debra Davis 28 Charles County Jim Rosapepe 21 Anne Arundel & Prince George's County Kathleen Dumais 15 Montgomery County 6 Batimore County 12 Baltimore & Howard County Andrew Serafini 2 Washington County Jessica Feldmark 12 Baltimore & Howard County 31 Anne Arundel County Diana Fennell 47A Prince George's County Will Smith 20 Montgomery County Mark Fisher 27C Calvert County Jeff Waldstreicher 18 Montgomery County Wanika Fisher 47B Prince George's County Mary Washington 43 Baltimore City David Fraser-Hidalgo 15 Montgomery County Chris West 42 Baltimore County Tawanna Gaines 22 Prince George's County Ronald Young 3 Fredick & Washington County Jeff Ghrist 36 Caroline, Cecil, Kent, & Queen Anne's Counties Robert Zirkin 11 Baltimore County James Gilchrist 17 Montgomery County 14 Montgomery County Cheryl Glenn 45 Baltimore City Robin Gramer Jr. 6 Baltimore County 42B Baltimore County 24 Prince George's County

12 | BARBULLETIN BAR BULLETIN FOCUS LEGISLATIVE PREVIEW

House of Delegates (continued)

Delegate Dist. Jurisdiction Delegate Dist. Jurisdiction Wayne Hartman 38C Wicomico & Worcester Counties Warren Miller 9A Howard County Keith Haynes 44A Baltimore City David Moon 20 Montgomery County 22 Prince George's County Matt Morgan 29A Charles & St. Mary's Counties Shelly Hettleman 11 Baltimore County Nick Mosby 40 Baltimore City Terri Hill 12 Baltimore & Howard County Charles Otto 38A Somerset & Wicomico Counties Marvin Holmes Jr. 23B Prince George's County 17 Montgomery County 35A Harford County 2A Washington County Seth Howard 30B Anne Arundel County Edith Patterson 28 Charles County Rick Impallaria 7 Balitmore & Hardord Counties Joseline Pena-Melnyk 21 Anne Arundel & Prince George's Counties 47A Prince George's County 13 Howard County Michael A. Jackson 27B Calvert & Prince George's Counties Jesse Pippy 4 Carroll & Frederick Counties 36 Caroline, Cecil, Kent, & Queen Anne's Counties Elizabeth Proctor 27A Calvert & Prince George's Counties 10 Baltimore County 15 Montgomery County Steve Johnson 34A Cecil & Harford Counties Pamela Queen 14 Montgomery County Adrienne Jones 10 Baltimore County Teresa Reilly 35B Harford County 14 Montgomery County 39 Montgomery County 16 Montgomery County Mike Rogers 32 Anne Arundel County Ken Kerr 3B Frederick & Washington County 5 Baltimore & Carroll Counties Nicholaus Kipke 31B Anne Arundel County Samuel Rosenberg 41 Baltimore City 9A Howard County 33 Anne Arundel County Marc Korman 16 Montgomery County Sheree Sample-Hughes 37A Dorchester & Wicomico Counties (D-Incumbent) Emily Shetty 18 Montgomery County Susan Krebs 5 Baltimore & Carroll Counties Haven Shoemaker 5 Baltimore & Carroll Counties Carol Krimm 3A Frederick County Stephanie Smith 45 Baltimore City Stephen Laff erty 42A Baltimore County Jared Solomon 18 Montgomery County Mary Lehman 21 Anne Arundel & Prince George's Counties Dana Stein 11 Baltimore County 46 Baltimore City Vaughn Stewart 19 Montgomery County 24 Prince George's County Charles Sydnor III 44B Baltimore City 3A Frederick County 7 Balitmore & Hardord Counties Brooke Elizabeth Lierman 46 Baltimore City Jen Terrasa 13 Howard County 34A Cecil & Harford Counties Veronica Turner 26 Prince George's County Bob Long 6 Baltimore County 26 Prince George's County 39 Montgomery County Geraldine Valentino-Smith 23A Prince George's County Sara Love 16 Montgomery County 26 Prince George's County 14 Montgomery County Alonzo Washinton 22 Prince George's County Michael Malone 33 Anne Arundel County Courtney Watson 9B Carroll County 42B Baltimore County Ron Watson 23B Prince George's County Johnny Mautz 37B Caroline, Dorchester, Talbot & Wicomico Counties Melissa Wells 40 Baltimore City Susan McComas 34B Cecil County 20 Montgomery County Maggie McIntosh 43 Baltimore City C.T. Wilson 28 Charles County Mike Mckay 1C Allegany & Washington County William Wivell 2A Washington County Ric Metzgar 6 Baltimore County 44B Baltimore City

February 19, 2019 Mid-Year Towson, MD The Mid-Year Meeting gives MSBA members insight into where we’ve been & where we’re headed. This annual event off ers in-person learning & networking opportunities as well as an Meeting opportunity to envision the future of our association, together. Envisioning the future MSBA.org/MidYear2019 of our association

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14 | BARBULLETIN DEPARTMENTS

We’re looking for a Labor Relations Continuing Legal Education Opportunities Manager and Associate Counsel Do you want to assist in contract BY ANDREA TERRY negotiations, trust fund representation, legal research and advice, organizational Join the Family and Juvenile Law Section for clients. See the schedule below, and for more detail its fi rst program focused on evidentiary issues in go to http://msba.inreachce.com for all upcoming documentation, and legislation review? family law cases on December 19th in Columbia. live programs. If you cannot attend a live program, Experienced faculty will explore examination and many are webcast concurrent with the live program, Do you have strong writing and use of the lay witness, hearsay pitfalls and exceptions, and you can fi nd these programs available online, communication skills, strong attention authentication of common family law exhibits, on-demand approximately 6-10 days after the live to detail, a passion for labor relations use of experts and their reports, and more. Also, program. All video replays and online programming and the ability to lead and/or work for the fi rst time, the MSBA is off ering a program carry CLE credit just like the live programs. See in January on mindfulness for lawyers, and how with a variety of member and union below for details. personalities and styles? practicing mindfulness can help you manage your Additional information and online registration work-life balance and deliver better service to your available at msba.inreachce.com Do you have admission to a state bar, strong research and drafting skills, and an ability to learn quickly about LIVE IN-PERSON & WEBCASTS NEW ONLINE, ON-DEMAND different areas of the law?

• December 19, 2018. 2018 Evidence and • Hot Tips in Family Law: What NOT If so, join us! to Do! Family Law: Common Pitfalls and Practice READ MORE and APPLY ONLINE: Pointers. University of Baltimore, MD. • ABLE, Special Needs Trusts and https://www.linkedin.com/jobs/view/labor-relations-manager-and- Registration is open. *webcast the New POMS associate-counsel-at-national-fire-sprinkler-association-954458618/ • January 16, 2019. Mindfulness as a • What is New in Handling Drinking Foundation for Ethical Lawyering. Columbia, and Driving Cases in Maryland MD. Registration is open. *webcast • 2018 Employment Law Institute • February 7, 2019. Family Law University. • Issues in High Value Family Law Columbia, MD. Registration is opening soon. Cases 514 Progress Drive, Suite A • March 20, 2019. Land Use Institute. Columbia, • Fiduciary Litigation: Contested Linthicum Heights, MD 21090 MD. Registration is opening soon. Wills, Trusts, Inter Vivos Transfers (443) 863-4464 • nfsa.org • April 1, 2019. Finance for Lawyers. University and Guardianships of Baltimore, MD. Registration is open. • Adult Guardianships in Maryland *webcast – the New and Improved Process! • May 9, 2019. Hot Tips in Workers’ • 2018 Hot Tips in Workers’ Compensation. Columbia, MD. Registration is Compensation opening soon. *webcast • Immigration Law Update: Creative Lawyering Strategies in Times of Uncertainty VIDEO REPLAYS • Advanced Estate Planning Institute • December 18, 2018. Financial Elder Abuse – • 2018 Hot Topics in Elder Law 2018 Update. Baltimore, MD. • Pesky and Persistent Evidentiary • December 20, 2018. Financial Elder Abuse – Issues in Estate and Trust 2018 Update. Rockville, MD. Litigation SECOND CHANCE • January 22, 2019. 2018 Evidence and Family • Family Practice Update Law: Common Pitfalls and Practice Pointers. DDICTION ARE • 2018 Succession Planning Seminar A C Baltimore, MD. • Advanced Storytelling and • January 24, 2018. 2018 Evidence and Family Persuasion Skills with David Mann Law: Common Pitfalls and Practice Pointers. • Handling Collection Cases through Rockville, MD. Enforcement and Judgment Outpatient Addiction Treatment • February 19, 2019. Mindfulness as • Advanced Real Property Institute a Foundation for Ethical Lawyering. • 2018 MSBA Immigration Law Baltimore, MD. § Section Fall Conference: Federal Low patient-to-counselor ratio • February 21, 2018. Mindfulness as Court Litigation and SIJS Nuts and § Evidence-based curriculum a Foundation for Ethical Lawyering. Bolts Rockville, MD. § Confidential, comfortable setting • Financial Elder Abuse § Insurance/Medicaid accepted NEW & RECENT PUBLICATION UPDATES § Decades of experience (All titles available in print and electronically) § FREE family support

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MSBA.ORG | 15 Recognizing burnout is one thing, combating, and curing burnout is another.

DEPARTMENTS

MSBA Lawyer Assistance Program Wellness TipSheet My New Year’s Resolution is…

BY LISA CAPLAN It’s that time of year again when about half of all Americans make a resolution for the New Year. Unfortunately, most of them will not be successful. Most people throw caution to the wind around the holidays and eat whatever they want, spend a lot of money, etc., and think about the consequences later. I used to dread going to my you be successful. to accomplish your goal. lawyers who think things are bump in the road, it will make exercise classes, yoga, or the gym 2. Choose reasonable goals and Everyone is busy, so we have “all or nothing.” I have had it easier to not give up but just right after the New Year because write them down, share with to fi nd the time for what is many lawyers tell me that if they move forward in a healthy way. it was so crowded with people your family and friends. Goals important to us, so set up a can’t work out for two hours, For assistance, please whose New Year’s resolution is should be specifi c, measurable, specifi c plan– set a time and or complete something, then contact the Lawyer to work out and be healthy. We achievable, pertinent and time place, and what you plan to they won’t do it. Break it down Assistance Program for free, would always say, give it a few limited. For example, I want to do, etc. Th ink of it like this. If into small pieces. Work out confi dential counseling. weeks and the New Year’s reso- lose 5 lbs in 6 weeks to fi t into you have court on Monday at for 20 minutes; tackle part of a Jim Quinn, Lawyer Assis- lution people will stop coming.” my suits for work. Writing down 9:00 a.m., you don’t wake up project, etc. Working out for 20 tance Director, (443) 703-3041, So, why by the time February your goals and sharing them and say, “Ah, I think I’ll go to minutes can be more eff ective, [email protected]; Lisa Caplan, rolls around, do most New Year’s makes you accountable and court tomorrow.” No, you don’t and breaking projects down LCSW-C, Lawyer Assistance resolutions fail? gives you support from people even think about scheduling may produce a better product. Counselor, (443) 703-3042, Whether you have a goal to who care about you and can something else over it. Plan 7. Keep track of your progress. [email protected]. Toll Free 1(888) eat healthy, exercise, spend less, make success easier. your personal goals the same Th is is why we make the goal 388-5459. organize your home, etc., here 3. Be successful by not setting way and you will be successful. measurable, so you can see are some tips to a successful New yourself up to fail. If you want 5. Work on one change at a time, your progress, as well as bumps Lisa Caplan, LCSW-C has over Year’s Resolution: to start exercising and you and give yourself several weeks in the road, and problem solve 20 years experience in her fi eld, and extensive experience 1. Give some thought to why you haven’t been exercising at all, for the new activity to gain on how to move forward. You are making a change and the working with lawyers and setting a goal to exercise fi ve traction and become a habit. will see where you started and judges in the areas of mental motivation behind the change. times a week is not likely to be Once it becomes a routine part where you are going. Make a list with the reasons that health, substance abuse and successful. Setting a goal to of your life, move on to add to it, 8. Be patient and kind to yourself. trauma. are motivating you. Whatever exercise once or twice a week is or incorporate another change. We all have ups and downs; the change, understanding why much more manageable. 6. Th e world is full of shades of so keep goals small and give you want to change can help 4. Schedule time on your calendar gray and I know too many yourself praise. When you hit a

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16 | BARBULLETIN Recognizing burnout is one thing, combating, and curing burnout is another.

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Th e Bar Associations Insurance Trust was created in 1990, as a succes- sor Trust to early renditions dating back to 1956, and is a joint venture between the Maryland State Bar Association and the Bar Association of Baltimore City. Th e purpose of the Trust is to provide excellent insurance benefi ts to its members at discounted prices by reliable LEGAL SUMMIT & carriers, provide an Advisory resource to members with insurance questions, and generate non-dues revenue to the Associations. Th e ANNUAL MEETING Trust is currently chaired by Aaron Kadish, Esq. Th e 12 Trustees of the Trust meet quarterly to oversee operations and to receive updates MARYLAND STATE BAR ASSOCIATION on new and expanding benefi ts. Over the years, the Trust has donated 2019 more than a million dollars to the respective Bar Associations. Judge Michael Reed, of the Court of Special Appeals of Maryland, is June 12-15, 2019 | Ocean City, MD Chairman of the Trust’s Charitable Giving Committee. Th is Committee makes annual charitable gift recommendations to the Trustees, based upon requests for contributions from various law related charities. Once approved, the Trust then distributes these monies during the Earn up to 15+ CLE credits with the fi rst quarter of each fi scal year. surrounding MCLE states. Last year, Th e Trust is constantly evaluating the insurance services and benefi ts attendees heard from a former US Attorney available to its members through the advisory and brokerage services General and dozens of other compelling of TriBridge Partners, LLC. TriBridge Partners is always looking for speakers. This conference draws high- ways to improve these benefi ts. Th e Trust has popular life, disability profi le speakers every year – register now and long term care insurance programs. TriBridge Partners, in con- to reserve your spot. We look forward to sultation with the Trustees, evaluates other lines of insurance, such seeing both new and familiar faces at our as computer fraud, professional liability and even pet insurance, on biggest event of the year! an ongoing basis. KEYNOTE SPEAKER Jeffrey Toobin A great event for all members: Learning Th e Bar Associations Insurance Trust is, above all else, a service orga- CNN Chief Legal Analyst & networking for individuals, a team nization, dedicated to serving the members of the Maryland State Bar and Best-Selling Author experience for colleagues and fun for Association and the Bar Association of Baltimore City. vacationing families. Jessica L. Goughnour TriBridge Partners One East Pratt Street, Suite 902 Baltimore, MD 21202 410-659-3704 Direct Dial Register early and save up to $160 at [email protected] [email protected] MSBA.ORG/ANNUALMEETING www.mdbarinsurance.com Baltimore • Bethesda • Frederick • Hagerstown • Washington DC

MSBA.ORG | 17 CLASSIFIEDS NOMINATION AND ELECTION SERVICES OF MSBA BOARD OF GOVERNORS 2018-2019 ECONOMIST: Lost income, benefi ts and life-care plans valued for personal injury, wrongful death and employment cases. University NUMBER OF CLASS I CLASS II professor with extensive experience. DR. RICHARD B. EDELMAN, DISTRICT ELECTED ODD ELECTED EVEN 8515 Whittier Boulevard, Bethesda, MD 20817. (301) 469-9575 or (800) GOVERNORS TO WHICH ENTITLED YEARS YEARS 257-8626. References and vitae on request. Visa/MC. Please visit at: www.economic-analysis.com. FIRST 7 5 2 COURTSCRIBESrecords your depositions through audio and video to Baltimore City produce high quality transcripts. In addition to saving you up to 35% off your transcript costs, CourtScribes provide free video of your depo- SECOND sitions. To schedule a deposition, email [email protected] Dorchester or call 833.scribes. Somerset 1 1 Wicomico Worcester

THIRD ET ALIA Caroline Kent 1 1 Jeff Schwaber has succeeded Millard Ben- Queen Anne’s nett as the Stein Sperling’s Managing Partner, Talbot culminating a carefully crafted fi ve-year transition plan. FOURTH Calvert 1 1 Patricia A. Ursprung has joined Carney, Charles Kelehan, Bresler, Bennett and Scherr LLP St. Mary’s as an attorney with a practice focusing on education law. FIFTH Kristen Jones 2 1 1 Kristen Jones, Craig A. Enck, Jeff rey M. Prince George’s Lichtstein, and Adam D. Baker have joined Rosenberg Martin Greenberg, LLP. SIXTH 7 1 6 Montgomery Bonnie Sullivan, Executive Director of Maryland Volunteer Lawyers Service SEVENTH (MVLS), the largest provider of pro bono civil 3 2 1 Anne Arundel legal services to low-income Marylanders, has been recognized by the Women’s Law EIGHTH Center of Maryland with its prestigious 5 3 2 Access to Justice Award. Baltimore County Craig A. Enck Brian Barkley, President of Barkley and NINTH Kennedy, Chartered has been selected by the Harford 1 1 Rockville Chamber of Commerce as Citizen Cecil of the Year. TENTH Baker Donelson has been recognized by 2 1 Howard 1 the Leadership Council on Legal Diversity (LCLD) as a 2018 Compass Award winner. Th e award honors LCLD members who ELEVENTH demonstrate their continued commitment Carroll 1 1 Frederick Jeff rey M. Lichtstein to building more diverse organizations and a more inclusive legal profession through their participation in and support of LCLD’s TWELFTH mission and programs. Allegany 1 1 Garrett Washington Send your latest news and updates to YOUNG LAWYERS 3 2 1 Lisa Muscara for inclusion in Et Alia: [email protected]. PURSUANT TO THE REGULATIONS governing the nomination and election of the MSBA Adam D. Baker Board of Governors, the membership is hereby notifi ed that nominations are sought for all Districts which are listed under Class I of this chart. (Class II governors are elected in even- numbered years and Class I governors in odd-numbered years.) The MSBA bylaws require that all nomination petitions must be received by the Executive Director no later than 5:00 p.m. on February 12, 2019. If the election is necessary, ballots must be cast or postmarked no later than March 29, 2019, and received no later than April 3, 2019. If you are interested in being nominated by a local bar association or individual petitions, you may request a nominating petition from Victor L. Velazquez, Executive Director, MSBA, 520 West Fayette Street, Baltimore, Maryland 21201; (410) 685-7878 or (800) 492-1964; or [email protected]. Bonnie Sullivan pictured with (left to right) Michelle Siri, Katie Sullivan, Steven Sullivan, and Sandy Daniels.

18 | BARBULLETIN IP Services CLE Publications CONTINUED FROM PAGE 5 CONTINUED FROM PAGE 15

For example, the USPTO’s and and are unrelated to the process- Appellate Practice for the Replaces all pages in the Second Gibber on Estate Administra- Federal Trade Commission’s ing of international applications Maryland Lawyer: State and Edition, is updated with current tion, 6th Edition (FTC) websites indicate that offi - under the Patent Cooperation Federal, 5th Edition developments in statutory and This edition significantly ex- cial correspondence will indicate Treaty (PCT). See wipo.int/pct/ Tailored for both expert practi- case law, new & revised instruc- pands the treatise with thorough that it is from the “ en/warning/pct_warning.html. tioners and attorneys who rarely tions to refl ect legislative chang- references to new case law and Patent and Trademark Offi ce” Since the USPTO’s migration handle appeals in Maryland and es and expanded comments and statutory amendments through in Alexandria, Virginia, and all to the Internet, it has become federal courts, this book guides notes on use and allows you to 2017, reflects new rates and emails will be from the domain easier to identify scams. For in- one through the entire appellate download all instructions to statutory amounts, and includes “@uspto.gov.” Th e websites also stance, patent maintenance fees process both in state and federal save time. new and updated samples of all warn recipients not be misled by and trademark registration re- courts, providing sample appel- the offi cial forms. the use of names, emblems, and newal fees are typically collected late submissions and tips on the 2018 Replacement Pages— wording that may seem offi cial, online by the USPTO at the time standards of review, criminal Maryland Civil Pattern Jury Domestic Violence Cases: such as “United States,” “U.S.,” the requisite documents, if any, appeals, appeals from admin- Instructions, 5th Edition Handling Them E ectively “Trademark,” “Patent,” “Registra- are due. While the USPTO may istrative agencies, petitions for Replaces all pages in the Fifth in Maryland District and tion,” “Offi ce,” or “Agency” on the send reminders to IP owners or certiorari, the appellate brief, Edition, and is Maryland’s most Circuit Courts solicitations. their attorneys, the USPTO does record extract (or joint appen- authoritative source of impar- Updated by the House of Ruth Examples of over sixty so- not send the IP owner an invoice dix), and oral argument. tial, accurate statements of the Maryland Domestic Violence licitations that the USPTO has for pre-payment, particularly law, with brand new, revised Legal Clinic and the Maryland identified as potentially mis- where there is counsel of record. Pleading Causes of Action in and updated instructions, com- State Bar Association Family leading off ers and notices are If you are not sure whether Maryland, 6th Edition mentary, case law, and statutory and Juvenile Law Section, this available on the USPTO website a solicitation is legitimate after Th e Sixth Edition is the authori- references, and allows you to recent edition is the fi rst major at the following link: uspto.gov/ considering the above-discussed tative reference for fi ling causes download all instructions. update since the 2003 Revised trademarks-getting-started/cau- indicators, it is always prudent of action on civil actions on a Edition. It is designed to give tion-misleading-notices. Th e ex- to call an attorney and seek pro- broad range of subjects. It exam- Finality of Judgments & Oth- the practitioner specific liti- amples include services relating fessional advice. In addition, the ines and analyzes cases, statutes, er Appellate Trigger Issues, gation skills and strategies in to listing trademarks in catalogs, USPTO encourages IP owners re- treatises and other reference 3rd Edition handling a domestic violence storing trademarks in databases, ceiving a misleading solicitation sources on Maryland law and Th e Honorable Kevin F. Arthur, case, and includes sample avoiding IP expiration, “pub- to fi le a consumer complaint with pleading, and has been revised to Judge, Court of Special Appeals pleadings and forms, and a con- lishing of the public registration the FTC, and to keep the off er or address evolving requirements of Maryland provides essential, venient chart of resources with of your patent,” and even “pro- notice and the envelope, as these in various areas of practice. updated information and advice contact information. tect[ing] your trademark from may be requested later. as to the timing of appeals and copyright infringement,” what- 2018 Replacement Pages— the critical question—“when” is Order your copies today @ www. ever that means. WIPO’s web- Mr. Taylor is an intellectual Maryland Criminal Pattern an order appealable. msba.inreachce.com site includes over one hundred property attorney with Jury Instructions, 2nd Edition examples of invitations to pay Berenato & White, LLC. fees that do not come from WIPO

Legislative Preview CONTINUED FROM PAGE 11 whose time has come. However, beginning in 2019. I am certain manner of distribution of neces- because any legislation to abolish that Majority Leader Dumais sary manufacture components contested judicial elections for will continue to champion that via the internet, no ostensible circuit court judges requires an cause, as will Senator Susan Lee quality control requirements, and amendment to the Maryland in Senate Judicial Proceedings. the lack of a means to require reg- Constitution, it’s possible that istration, this phenomenon goes no such legislation would be Body Attachments beyond traditional gun control. introduced in 2019, because, If there was one issue that Th ere is pending federal litigation generally, the legislature acts on the General Assembly had “sur- to block a Trump administration constitutional amendments in rounded” in 2018 it was the settlement which would have election years - which 2019 is not. issue of (civil) body attachments. eased oversight of distribution BUILD YOUR Nevertheless, I’m guessing that at Th ere were many, many bills on of software necessary for the least one bill will be introduced the subject, but because there manufacture of 3D printed guns. this session in this area. was insuffi cient consensus on Senator Will Smith has stated an rejecting what many regard as intention to introduce legislation PROFESSIONAL Sexual Assault an archaic process, there will be addressing Maryland’s authority Given the recent history of more legislative activity in this to regulate 3D printed fi rearms. failure of so many bills relating area in 2019. Look for Senator to sexual assault in the House Will Smith and Delegate Sandy Other Likely Issues Judiciary Committee, I strong- Rosenberg to play lead roles in PRESENCE ly predict that 2019 will be a this area. for 2019 groundbreaking year for legis- • Marriage – Permissible Age Become a contributing author lation addressing sexual assault, 3D Printed Guns • Combating the Opioid Crisis for MSBA’s Bar Bulletin. generally, but also toughening Gun regulation and control • Divorce – Mutual Consent laws relating to sexual assault in is an area that the MSBA almost The voice of the legal the workplace and in educational invariably avoids, because of • Parole Reform profession in Maryland. institutions. Delegate Kathleen the controversial nature of the • Access to Maryland Courts Act Dumais, who previously served as subject within our membership. • Hate Crimes Vice-chair of the House Judiciary However, the issue of undetect- • Health Care Mandate Committee, has been selected to able 3D, home manufactured • University of Maryland INTERESTED? Email Lisa Muscara Brice serve as House Majority Leader, guns is one that the MSBA will Governance at [email protected]. examine more closely. Due to the • Redistricting MSBA.ORG | 19 MARYLAND STATE BAR ASSOCIATION, INC. The Maryland Bar Center NONPROFIT ORGANIZATION BARBULLETIN 520 West Fayette Street Volume XXXV, Number 12 • December 15, 2018 Baltimore, MD 21201 U.S. POSTAGE PAID BALTIMORE, MD ADDRESS SERVICE REQUESTED PERMIT NO. 3542 2018 Solo Summit Tackles Wage Law, Page 1 Marketing, Ethics and More Across Maryland

Nominations Sought for ABA Delegates Page 2

Our Biggest Event of the Year Page 17

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20 | BARBULLETIN