In  Law Firms Launch Diversity Initiative. . . Page 2 this  MSBA Legislative Preview. . . Pages 8-17 AR issue:  Tech Resolutions. . . Page 15 ULLETIN BMaryland State Bar Association Newsletter December 15, 2017 New at the MSBA in 2018

For the first time, the MSBA will partner with The Daily Record, and The Marc Steiner Show on WEAA-FM to present The Annapolis Summit. The Annapolis Summit is considered by many in the legislative community as the thematic ‘kickoff’ of the General Assembly session. The Opening Day event features 90-minutes with Governor , and Presiding Officers Senate President Thomas V. Mike Miller, and House Speaker Michael Busch discussing the most prominent policy issues facing Maryland policymakers going into the new Session.

The event will be held on Wednesday, January 10, 2018 at 7:30 a. m. at the Governor Calvert House, 58 State Circle, Annapolis, MD 21401.

Solo Summit Raises Member Practices to Great Heights November 10, 2017, solo law practitioners from across the state descended on the Hilton BWI Airport for Solo Summit 2017. Summit attendees learned how to maximize their practice’s potential and used this opportunity to build and expand their network. The Solo Summit was organized by MSBA’s Department of Law Office Management Assistance and the Solo and Small Firm Section. Maryland Carey Law and AR BULLETIN Four Top Law Firms Launch Volume XXXIV, Number 12 December 15, 2017 Published monthly by the Maryland State Bar Association Diversity Initiative 520 West Fayette Street Baltimore, Maryland 21201 (410) 685-7878  (800) 492-1964 FAX (410) 837-0518  TDD 539-3186 E-mail [email protected]  www.msba.org Executive Director Victor L. Velazquez Communications Director W. Patrick Tandy

Editorial Staff Editor Lisa Muscara Brice

2017-2018 OFFICERS Sara H. Arthur President

Hon. Keith R. Truffer President-Elect

Dana O. Williams Secretary Back Row: Andrew Do, Chukwukpee Nzegwu, Fatemeh Shahkolahi, Taylor Nichols, Dominic Gilani, Front Row: Alba Sanchez Fabelo, Cymone Gosnell, Sudipta Das, Thaakirah Cason, Juan Parcero Hon. Mark F. Scurti Not pictured: Savannah Stack Treasurer

By Seth C. Polansky Maryland’s legal community ing that goal here in Maryland. I becomes as diverse as the popula- hope every law firm in the state Advertising This fall, a group of 11 accom- tion of the state itself. [See a list of will join us.” plished and diverse students began Classifieds • Displays scholarship winners and comments Maryland Carey Law and the Network Media Partners their legal careers with vital financial from each of the firms below.] University of Maryland Baltimore and professional support, thanks to “We are incredibly grateful Foundation are also contributing 307 International Circle a new collaboration between four to these firms for their leadership to the new program. Suite 190 top law firms and the University in addressing this challenge,” said Increasing diversity is a chal- Hunt Valley, Maryland 21030 of Maryland Francis King Carey Dean Donald B. Tobin. “Together, lenge for the legal profession both in (410) 584-1959 School of Law. they have provided us with almost Maryland and nationally. Accord- Account Executive DLA Piper; Gallagher Evelius $700,000 to launch this program. ing to the Bureau of Labor statistics, Carly Heideger & Jones; Miles & Stockbridge; and Our profession has talked about the law is one of the least racially diverse Pessin Katz have joined forces with importance of increasing diversity professions in the nation. Eighty- ©2017 Maryland State Bar Association Maryland Carey Law to launch the for years. This new collaboration Diversity and Inclusion Scholars is a significant step toward achiev- See Diversity Page 18 Initiative, an effort to ensure that

DIVERSITY AND INCLUSION SCHOLARS

Maryland Carey Law is proud of the fact that 29 percent of this fall’s new students are members of a minority group, a figure consistent with enrollment for the last several years. Here is the first group of Diversity and Inclusion Scholars and their undergraduate institutions.

THAAKIRAH CASON DOMINIC GILANI JUAN PARCERO University of Baltimore ‘17 The University of Texas at Dallas ‘16 University of California Los Angeles ‘16

SUDIPTA DAS CYMONE GOSNELL FATEMEH SHAHKOLAHI University of Maryland College Park ‘17 Loyola University of Maryland ‘15 Notre Dame of Maryland ‘10

ANDREW DO TAYLOR NICHOLS SAVANNA STACK University of Maryland College Park ‘13 New York University ‘16 Arizona State University ‘14

ALBA SANCHEZ FABELO CHUKWUKPEE NZEGWU Loyola University Maryland ‘16 Vanderbilt University ‘17

2 BAR BULLETIN DATELINE MSBA Ethics Hotline Marriott Conference Center and Section for a New Admittees Happy information. JANUARY Hotel, 3501 University Blvd E, Hour, welcoming and celebrating Legal Hackers Baltimore, MS- DECEMBER Join MSBA’s Law Office Hyattsville, MD 20783. Contact 24 10 Maryland’s newest attorneys and BA’s Young Lawyers Section, and Management Assistance for their Angela Munro (angela@msba. Elliott D. Petty MSBA members. Complimentary the Maryland Volunteer Lawyers Baltimore County webinar Practice Dojo: Getting org) or register online at https:// food and drink.Join us from 6:00 Service host Coding for Lawyers (410) 339-6747 Over Career Humps from 2:00 p.m. legalexcellenceawards.msba.org. p.m. - 9:00 p.m. at Metropolitan from 6:30 p.m. - 9:30 p.m. at Uni- Wayne M. Willoughby – 3:00 p.m. as Becky Castro of Get- 17 Join the Senior Lawyers Sec- Kitchen & Lounge, 175 West versity of Baltimore School of Law, Baltimore City ting Over Career Humps, and cer- (443) 394-8800 tion for lunch and a presentation Street, Annapolis, MD 21401. 1401 N. Charles Street, Baltimore, tified business and personal coach featuring Judge William Missouri Contact Angela Munro at angela@ MD. This interactive training will Raul M. Bhat works through common lawyer (ret.) Chairman, American Bar msba.org for additional details. introduce legal professionals how Montgomery County career humps and offers solutions. (301) 785-7177 Association Division of Senior to code in a programming language Register in advance at https:// 24 Join MSBA’s Law Office Lawyers. 12:00 p.m. - 1:30 p.m. called Python. You will learn the Patricia M. Weaver attendee.gotowebinar.com/reg- Management Assistance for their at Maryland State Bar Associa- webinar Practice Dojo: Evernote: basics of computer programming, Montgomery County ister/311062121108496387, or (301) 951-9360 tion Headquarters, 520 W. Fay- the limitations of what software can contact Charity Anastasio, char- How to Use it to Improve Your ette Street, Baltimore, Maryland do, and how to start writing your [email protected] for additional Practice Workflows and Processes JANUARY 21201. Free garage parking is facilitated by Heidi Alexander from own programs. This is an - information. available in the Pearl Street garage. J. Bradford McCullough 2:00 p.m. – 3:00 p.m. Today’s law tive training where every attendee Montgomery County 11 The Fellows of the Maryland Contact Rob Hendrickson (fmben- practice requires you to be uber- will be writing code, so bring a (301) 657-0734 Bar Foundation present the 25th [email protected]) for additional laptop to the event. This course is efficient with your time. You can’t Randolph Sergent Annual Professional Legal Excel- details. spend precious time searching for beginners with no coding expe- Baltimore City lence Awards Reception with hors TheAnimal Law Section for important meeting notes you rience who want to better position (410) 528-7926 d’oeuvres, beer, and wine, where 18 invites you to Legends: Voices on took last week or through stacks of themselves in the quickly evolving Clara M. Martone-Boyce the following awards will be Mentorship from 6:00 p.m. - 8:00 printed case law to find that one legal market. The class will be Washington, D.C. presented: the Advancement of p.m. at the Pratt Street Ale House, gem. You need a central repository taught by Matthew Stubenberg, an (202) 637-1089 Professional Competence; Steven 206 W. Pratt St., Baltimore MD for storing and using information attorney and computer program- Joshua G. Berman P. Lemmey Legal Excellence Award 21201. A series of seasoned leaders that you need on a daily basis. The mer who has developed numerous, Washington, D.C. for The Advancement of Public Ser- will discuss their career paths, fol- solution, Evernote. You’ve likely successful legal technology proj- (202) 482-4772 vice Responsibility; the Advance- lowed by “World Café” facilitated heard about Evernote, but now ects. Preregister at www.meetup. ment of Advocacy for Justice; the Members should address their written ethics discussions among those leaders learn what it can do for your prac- com/Baltimore-Legal-Hackers- inquiries to Patricia Weaver, Chair, Ethics Advancement of the Rights of the and students. RSVP to Angela tice. Register in advance at https:// Meetup/events/245636860/ or Committee, 4800 Hampden Lane, Suite Disadvantaged; and the Advance- 700, Bethesda, MD 20814, or call (301) Munro at [email protected]. If attendee.gotowebinar.com/reg- contact Matthew Stubenberg 951-9360, or e-mail tweaver@paleyroth- ment of Public Understanding you have questions, telephone G. ister/2000414458186540803, ([email protected]) for man.com. Opinions of the Ethics Committee of the Law. Scheduled from 6:00 or contact Charity Anastasio, more details. are available online at www.msba.org. Norman at (410) 241-6745. Please consult the Rules and MSBA Ethics - 8:00 p.m. at the College Park [email protected] for additional Join the MSBA Young Lawyers’ Opinion Website before calling. 18 See Dateline Page 18 The McCammon Group is pleased to announce our newest Neutral

Hon. Daniel M. Long (Ret.) Retired Judge, Circuit Court for Somerset County The Honorable Daniel M. Long recently retired after over thirty years of distinguished public service. Judge Long served as Judge for the Circuit Court of Somerset County for twenty-six years, during which time he served as Circuit Administration Judge and County Administrative Judge. Prior to his appointment to the bench, Judge Long was elected as a Member of the Maryland House of Delegates, where he served admirably for seven years while also maintaining a successful private law practice in Somerset and Worcester Counties. Judge Long is a Recipient of the Judge Anselm Sodaro Judicial Civility Award from the Maryland State Bar Association, and he was selected as 2015’s “Judge of the Year” by the Litigation Section of the Maryland State Bar Association. Judge Long now brings this exemplary record of service and achievement to The McCammon Group to serve the mediation, arbitration, and special master needs of lawyers and litigants throughout Maryland and beyond.

Dispute Resolution and Prevention For a complete list of our services and Neutrals throughout MD, DC, and VA, call (888) 343-0922 or visit www.McCammonGroup.com

DECEMBER 2017 3 EMBRACE THE PLUNGE! Join MSBA’s Public Awareness Committee and Young Lawyers Section at the 2nd Annual MSP Polar Bear Plunge for Maryland’s Special Olympics JOIN THE PLUNGE SATURDAY, JANUARY 27, 2018 HOW TO BECOME A PLUNGER: 1. Visit the MSBA’s Polar Bear Plunge website: http://bit.ly/MSBA-Plunge-2018 2. Join the Team 3. Start taking ice baths to prepare! * Non-lawyer friends and family are welcome to be a part of the MSBA team! We will host tailgating festivites prior to the plunge, which includes food and drinks.

ALL DONATIONS SUPPORT THE SPECIAL OLYMPICS OF MARYLAND. If you want to stay warm, you can always donate to the MSBA Team page at: http://bit.ly/MSBA-Plunge-2018

For more information or questions contact, Michael Siri at [email protected] plungemd.com

4 BAR BULLETIN MD Court of Appeals Accepts Recommendation to Adopt Uniform Bar Exam

the Court of Appeals received the with the Maryland law component, By Maryland Judiciary Advisory Committee’s report and will assure that applicants possess The Maryland Court of Ap- recommendations and thereafter the knowledge and skills necessary peals at its Conference on November received public comments for a to practice law in Maryland, 16, 2017, voted unanimously to 30-day period. afford those who pass the exam accept the recommendation of the the portability of transferring their Advisory Committee to Explore the “I am pleased with the Court’s results to other jurisdictions that Feasibility of Maryland’s Adoption decision to consider carefully and have also adopted the Uniform Bar of the Uniform Bar Examination accept the Committee’s recommen- Examination.” (UBE) to adopt the UBE, along dation to adopt the Uniform Bar with a Maryland law supplement to Examination,” said Maryland Court The Court of Appeals will form the examination, to be implemented of Appeals Judge Sally D. Adkins, a committee to address the subject in 2019. Chair of the Advisory Committee. matter and format of the Maryland “The Advisory Committee’s research component of the UBE and other The Advisory Committee, helped the Court to determine that, aspects of implementation of the comprised of judges, law school in adopting the Uniform Bar Ex- UBE. The Advisory Committee’s deans, attorneys from small and amination, Maryland bar applicants report is available on the Maryland large firms, members of the State would continue to be required to Judiciary website (http://mdcourts. Board of Law Examiners, and oth- pass an examination of sufficient gov/coappeals/ube/pdfs/ubeadviso- ers, studied the potential benefits rigor that assures their competency ryreport.pdf). Public comments to and disadvantages of adoption of to practice law.” the report are available at mdcourts. the UBE in lieu of the traditional gov/media/news/pdf/ubecom- Maryland bar examination, and “The Court is grateful for the ments201711.pdf. concluded that “the benefits of Advisory Committee’s diligence in a uniform, portable, exam were examining this issue,” said Mary For more information, visit significant and outweighed all dis- Ellen Barbera, Chief Judge of the the UBE Advisory Committee’s advantages . . . [.]” In September, Maryland Court of Appeals. “The webpage at mdcourts.gov/coap- Uniform Bar Examination, along peals/ube.

Michael Hudak nominated to serve as representative to the MSBA Board of Governors

The Young Lawyers Section of MSBA Section of Young Lawyers, the MSBA is pleased to announce 520 West Fayette Street, Baltimore, that Michael Hudak has been nomi- Maryland 21201. Petitions may also nated to serve as a Young Lawyers be submitted via email to Angela representative to the MSBA Board Munro at [email protected]. The of Governors (the “Nomination Petition must be received by mail Slate”). Any qualifying young lawyer or electronic format on or before seeking to file a Petition Against January 5, 2018 at 4:30 pm. If no the Nomination Slate shall submit Petitions are received by the dead- the Petition signed by not less than line, the Nomination Slate shall be twenty-five (25) members of the elected. If you have any questions, Young Lawyers Section. The Peti- please contact either Jeff Bowman at tion Against the Nomination Slate (410) 268-2255 or Angela Munro shall be submitted to Jeff Bowman, at (410) 685-7878 ext. 3016. Chair, Nominating Committee,

DECEMBER 2017 5 A Look at Pro Bono Resource Cener A Look at Pro Bono Resource Cener A Look at Pro Bono Resource Cener 2015 “ensuring equal access201201 to5 justice5“ensuring for“ensuring all...” equal equal toaccess justice to for justice all...” for all...” @pbrc Expenses:@pbrc@pbrc Expenses:Expenses: 90,00014% Blah 14% Blah 90,000 14% Blah 90,000 90 THOUSAND90 THOUSAND 90 THOUSAND25% Blah Blah25% Blah Blah 25% Blah Blah = = Total contributed 234 = Total contributed234 234 Total contributed 55% Blah Blah55% Blah Blah to closing the justice gap 55% Blah Blah to closing the justice gap to closing the justice gap 6% Blaaaah 6% Blaaaah6% Blaaaah CHARITABLECHARITABLE PBRC-MANAGED PBRC-MANAGED PROJECTS: PROJECTS: CHARITABLE PBRC-MANAGED PROJECTS: Unaccompanied Children |Family Mediation Unaccompanied Children |Family Mediation Unaccompanied Children |Family Mediation Home Preservation |Consumer Protection Home Preservation |Consumer Protection Home Preservation |Consumer Protection Veterans Assistance 5 Veterans Assistance 5 5 Veterans Assistance

PRO BONO RESOURCE 85%CENTER OF MARYLAND800 74% 800 Would like to THANK our74% supporters, funders,clients sponsors,helped800 partners, and Tax Sale clients 74% 85% Consumer Protection85% Clients clients helped Tax Sale clients Consumer Protection Clients volunteersConsumer for Protection a fantastic Clients 2017! Withthrough your PBRCcontinued directlyclients support, helped we are able to keep Tax Sale clients through PBRC directly Prevail: i.e. those in debt buyer & Prevail: i.e. those in debt buyer & have impacted theare lives able of to PLUSthousands keep - THOUSANDS acrossthrough more the PBRC state. directly their homes after are able to keep PLUS - THOUSANDS moreother case withPrevail: alleged i.e. money those owed in debt buyer & their homesreferred after throughPLUS -PBRC THOUSANDS more attending a tax sale clinictheir homes after other case with alleged money owed referred through PBRC other case with alleged money owed 2017attending HIGHLIGHTS... a tax sale clinicreferred through PBRC attending a tax sale clinic PBRC trained over 850 volunteer attorneys, legal 150 services50 providers,law150 students, and90 other advocates 50 90 Clinics for 90 Volunteers 150 Clinics for Different trainingsto50 engage in pro bono legal work. Different trainings Volunteers Tax Sale, Clinics for Volunteers Tax Sale, For VolunteerDifferent trainings Trained & Referred For Volunteer We startedTrained our newsletter & ConsumerReferred “Pro Protection, Bono Tax Pulse” Sale, Trained & Referred Consumer Protection, Lawyers in multiple(sign For Volunteer up on our website probonomd.org). to civil legal Lawyers in multiple areas Lawyers of law in multipleto civil Unaccompanied legal Consumer chilrdren Protection, to civil legal areas of law Unaccompanied chilrdren services partners Maryland.FreeLegalAnswers.Orgareasservices of law partners celebrated Unaccompanied its one chilrdren year anniversary,answering over 300 client questions. services partners

We held our largest Partners for Justice Conference in 10 years with keynote Dean Strang, Esq. from PRO BONO BONO PRO Profile...... Tweet: @pbrcmdNetflix’s MakingInstagram: a Murderer @pbrcmd series. Web: probonomd.org Tweet: @pbrcmd Instagram: @pbrcmd Tweet:Web: @pbrcmdprobonomd.orgInstagram: @pbrcmd Web: probonomd.org TENANT VOLUNTEER LAWYER OF THE DAY PROGRAM

PBRC initiated the Tenant Volunteer Lawyer of the Day Program to help Baltimore City residents with rent court legal services.

Pro Bono • Assisted over 526 individuals in Baltimore City Resource Center Rent Court in CY17! • Over 178 tenants received FREE, day-of-court legal representation from the Program and its dedicated of Maryland volunteer attorneys. • 74% of tenants had their evictions delayed or halted due 520 W. Fayette St. to representation through the Program. Baltimore, MD CONSUMER PROTECTION PROJECT • PBRC’s courthouse clinics, helped 331 clients with consumer 21201 issues in Baltimore City and Prince George’s County. • Consumer Protection clients prevailed 97% of the time. www.intelligentoffice.com (410) 837-9379 HOME PRESERVATION PROJECT The Most Efficient Way to Run Your Law Practice (800) 396-1274 Appearance and professionalism are key in the legal Our Director of the Home Preservation Project, Margaret Henn, profession. Intelligent Office providesRichard first A. class Montgomery executive III is Esq. was awarded the Maryland Legal Services office space, flexible meetingMSBA’s and conferenceDirector of rooms,Legislative and Corporation’s Rising Star Award. customizable executive assistants at a fraction of the cost. Governmental Relations. The Pro Bono Resource - Prestigious Offices and address - Conference rooms • Volunteer attorneys provided 409 different legal - Professional receptionist services including - Mediation and deposition rooms Center of Maryland will consults at community clinics scheduling and client management - Notary and witnessing - Copy, scan, fax, and printing services - State of the art communication solutions match your skills with • 49% of clients attending the 2017 Tax Sale Prevention Clinics avoided tax sale. Rockville Bethesda Washington a wide range of 1 Research Court 7201 Wisconsin Ave 1775 Eye Street, NW •Volunteer attorneys prepared over 300 estate planning Rockville, MD 20850 Bethesda, MD 20814 Washington, DC 20006 pro bono opportunities. documents for Baltimore City seniors. (301) 519-8000 (240) 235-6900 202-587-5600

UNACCOMPANIED CHILDREN PRO BONO PROJECT The Center welcomes • Helped more than 155 children get a crucial step closer to winning their immigration cases. new volunteers –F––r––a––n––k–––,– –F––r––a––n––k–––&–––––––S––c––h–––e––r–r––,– –L––L––C–– • 95 children received brief legal advice from volunteers Elder Law, Estate & Special Needs Planning dedicated to addressing offering consults at the Baltimore Immigration Court or community clinics. issues impacting low • 76% of children receiving consults had valid claims to remain Medical Assistance Trusts / Estate Planning income families and safely in the United States, offering them hope for the first time. Planning and Eligibility Administration their communities. PRO BONO FAMILY MEDIATION PROJECT Advance Medical Wills / Powers of Attorney Please call • Provided FREE legal advice and mediation services in Directives / Living Wills circuit court custody cases in CY17. Disability Planning / (800) 396-1274 Guardianship Special Needs Trusts • Together, volunteer attorneys and mediators in the for more information. project donated over 75 hours of their time, amounting to over $17,000 worth of FREE legal services 410.337.8900 | www.frankelderlaw.com | 1.888.338.0400

As the designated pro bono arm of the Maryland State Bar Association, PBRC plays a unique role as the support, training and advocacy center for pro bono activities. Want to know more about our volunteer and training opportunities? Contact Jaci Jones at [email protected]

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DECEMBER 2017 7 BAR BULLETIN FOCUS DECEMBER 15, 2017 MSBA Legislative Preview

A SPECIAL SECTION OF THE BAR BULLETIN 2018 MSBA Legislative Preview

By Richard A. Montgomery III election for quite some time. As of this writing, the fields for Introduction each of the statewide offices are rea- Just let Maryland go on being sonably manageable. In fact, it is so MSBA President’s Letter Maryland. That is my one wish early that many certain candidates for the 2018 Maryland General have not filed for their intended December 15, 2017 Assembly session. That’s it. offices. The General Election will More than I’ve ever seen, daily be held on November 8, 2018. reports concerning federal govern- Dear MSBA Members: On January 10, 2018, the 438th Session of the Maryland General ment activity seem to range from Governor extreme drama and near-chaos. Assembly will convene. While 2018 is an election year, the Legislature Republican has no shortage of pressing matters in Annapolis to keep their attention. Currently (as of this writing), there Not surprisingly, given his are rapidly changing measures The Legislature will return with a more positive budgetary forecast high job approval ratings through- than in many years. However, there remains a projected structural before both chambers of Congress out his term, Governor Larry proposing tax reform or tax cuts, operating budget deficit that will force difficult choices in providing Hogan will not have a primary services to the citizens of Maryland. Additionally, any changes in depending upon who’s speaking, election challenger. In fact, at one and hints of yet another pass at federal funding may force the General Assembly to make unforeseen point during the summer of 2017, adjustments to affordability assessments. health care reform. And then there’s Gov. Hogan had the 2nd highest perhaps the most controversial As always, the MSBA Legislative Office and the MSBA Commit- approval rating of any governor tee on Laws will monitor all legislation for any potential impact upon proposed Executive administrative in the nation (62% overall, 82% action in recent memory - with the administration of justice and the practice of law. The Committee among Republicans), behind Gov. on Laws will make position recommendations (support, support with the rescission of the FCC’s “net Charlie Baker of Massachusetts. neutrality” rules, moving closer to amendments, oppose, or monitor) to the MSBA Board of Governors. Oddly, Baker is also a Republican There are several key issues of interest to our members. They include: becoming reality. governor in a heavily Democratic As a result, state and local gov- • Continuation of Bail Reform state. • Addressing the Opioid Epidemic in Maryland ernments across the nation must be Interestingly, in the September prepared to respond nimbly, yet de- • Curtailing Parental Rights of Rapists 2017 Goucher College poll that • Sexual Assault and Sexual Harassment cisively in cases where functionally found that Governor Hogan held non-preemptive federal policies • Public Defender Staffing Levels an 82% approval rating among • Contested Judicial Elections differ dramatically from policies Maryland Republicans, 20% of and goals of the respective states • Stemming Violence in Baltimore City those Republicans polled felt that In addition, two legislative task forces with MSBA representatives are expected to recommend leg- and locales. Such an endeavor is Governor Hogan was “putting too somewhat more complicated in islation for 2018 - the Tax Sales Task Force (Michael Cantrell), and the Long-Term Care Educations & much distance” between himself Planning Task Force (Morris Klein). The MSBA will play an active role in any legislation resulting from states like Maryland where there and President Trump. Yet, one is a “citizen” (as opposed to a full- those task forces. could deduce that it is that very Should you have any questions concerning legislative issues, or MSBA positions on bills, please contact time) legislature. distance that has preserved the To ensure our members are ap- our Legislative Director, Richard Montgomery at (410) 269-6464, or [email protected]. Governor’s favorable ratings among Sincerely, praised in realtime about the status non-Republicans polled. of legislative activity, MSBA will move to a new legislative tracking Democratic and reporting platform, TrackBill, On the Democratic side the which will provide up-to-the- Sara H. Arthur following individuals have declared President minute bill status information on their candidacies: all bills the MSBA is acting upon. • Rushern Baker, Prince That information will be available George’s Co. Executive on a new Legislative Activity Cen- • Sen. , torney unless he should choose to run for possible threats to federal funding, ter on the MSBA website. Montgomery Co. • Krishanti Vignarajah, Governor instead. and various other budget worries Despite the simultaneous • Benjamin Jealous, former former Policy Director Comptroller that I read about in the General turmoil/gridlock on Capitol Hill, CEO and President of the to former First Lady Democratic incumbent Peter Assembly’s Spending Affordability and the fact that 2018 is an election NAACP Michelle Obama. Franchot has filed for reelection, Report. I’m willing to bet that if you year, I have the utmost confidence • Kevin Kamenetz, Balti- At this stage, it is far too early where he will be challenged on ask members of the Budget Com- that the Maryland General As- more County Executive to make any sort of prediction as the Republican side by Anjali mittees, Senate Budget & Taxation, sembly remained focused on the • Maya Rockeymoore to which candidates will emerge as Reed Phukan, an auditor with the and House Appropriations (House policy matters at-hand and have a Cummings, policy con- frontrunners going into the June Maryland State Lottery. They are Ways & Means handles taxation productive Session. sultant and spouse of 26, 2018, Primary Election. the sole entrants at this point. matters in the House), they’ll tell MD Congressman Elijah you that there’s no such thing as a Election 2018 Cummings State Budget “good” budget year – only varying In 2018, not only are the • Alec Ross, tech entrepre- Attorney General It dawned on me recently degrees of bad budget years. Governor, Attorney General, neur and former adviser At this point, no candidates that in past years I have devoted In any case, I did check the Comptroller, and the entire Gen- to Sec. of State Hillary have filed. However, Attorney Gen- too much time in this space to latest estimate for the structural eral Assembly up for election, next Clinton eral Brian Frosh is expected to run year will mark the most closely as a heavy favorite for reelection, fluctuating State revenue estimates, • Jim Shea, Baltimore at- See Legislative Page 9 watched Congressional mid-term

8 BAR BULLETIN BAR BULLETIN FOCUS MSBA Legislative Preview DECEMBER 15, 2017

Legislative...Page 8 operating budget deficit going into in April, their belief that the key reader a bit of “inside baseball,” expected to take place during 2017 lease Rules: the 2018 legislative session. That indicator of the effectiveness of the by explaining some facet of the Session budget deliberations, to The committees are interested figure stands at $380 million. At new rule would lie in the “failure to legislative landscape in Annapolis which I will direct your attention. in the impact of recent changes to least once in the last decade, that appear rate” (FTA) under the new that even somewhat regular follow- the Maryland Rules regarding the figure stood near $1 billion. So, Item 1. Impact of Bail Rule rule. (see the highlighted next-to- ers of legislation may not know. pretrial release and the use of cash generally speaking, if you hear that last bullet) While I have not seen Last year I devoted that ef- During the 2017 General As- bail across the State. As the General the State has a persistent structural the Judiciary’s formal response on fort to a brief explanation of the sembly session, the MSBA’s most Assembly continues to consider deficit, but that number is under this point, my understanding is Budget and Reconciliation and pressing legislative activity in the statutory changes to the pretrial $500 million, things could be that the FTA rate under the new Financing Act – The “BRFA” area of criminal law was the pres- system, it will be especially impor- worse. rule is favorable to assessing the (pronounced ‘Burfa’). This year, ervation of the Court of Appeals’ tant to understand the impact of Additionally, in each Legisla- effectiveness of the new rule. As a there are two issues of interest to newly-crafted Rule 4-216.1, which the decreased utilization of cash tive Preview, I try to bring attention result, the General Assembly may the legal community that appear in was to have a delayed effective date bail likely to occur under the to a more obscure aspect of Mary- be favorably inclined to allow the what is known as the Joint Chair- of July 1, 2017, instead of new new rule. Therefore, the committees land’s budget process that is rarely rule to stand, and not attempt to men’s* Report (JCR). The JCR is a legislation. It is a basic tenet of the request a report on the implementa- seen outside of Annapolis. Because displace the rule with new legisla- document issued by the Chairmen MSBA’s advocacy in Annapolis that tion of the new rule from its effective not all policy actions come in the tion superseding the rule. of the Senate Budget & Taxation while the legislative and judicial date, July 1, 2017, to September 30, form of an actual “garden variety” Preservation of Rule 4-216.1 Committee and the House Appro- branches share jurisdiction over 2017. The report should provide an bill, it’s important to be aware of will remain a top priority of the priations Committee (*one of these the court system, there are certain update on pretrial release practices, the fact that the General Assembly MSBA during the 2018 Session. days, the gender designation will processes of court governance that including any guidance on the new can issue directives to the Judiciary, disappear), and published by the are best left to the Judiciary. rule issued by the Judiciary, a pre- or to Executive Branch agencies From the Joint Chairmen’s Department of Legislative Services. Please note the concerns of liminary evaluation of the rule’s that do not appear anywhere in Report (JCR): The JCR covers every budgetary the Budget Committees going impact on reducing the number the statute. Italicized passages are from the action, large and small, and gives forward. Answers to Budget Com- of individuals held because they actual JCR Report. (Bold added). a brief explanation of every budget mittee questions and concerns have cannot afford to pay their set bail, Joint Chairmen’s Report 1. Judiciary of Maryland cut, or suggested action to either a strong impact on future actions an explanation of how affordable (JCR) “Committee Narrative: Im- the Executive Branch Agency or by the General Assembly. When bail amounts are determined for One of my goals in each year’s the Judiciary. the General Assembly adjourned pact of Changes to Pretrial Re- Legislative Preview is to give the Below are the two JCR items See Legislative Page 10

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DECEMBER 2017 9 BAR BULLETIN FOCUS DECEMBER 15, 2017 MSBA Legislative Preview

Legislative...Page 9

individual defendants, and recom- Staffing Levels potential impact of understaffing mendations for General Assembly There is a widespread notion on attorney workloads. While the action that would be beneficial to outside of Annapolis that all the committees are already aware Are you looking for an IT company that specializes the implementation of the new rule. Budget Committees do is go that attorneys perform case - in serving the legal community? In addition, the Judiciary should “budget cut crazy.” Sometimes related functions that could be Call (410) 747‐2001 or email [email protected] provide the following data with the it feels that way, but it really assigned to support staff if they report: isn’t true. While the General As- were available, including intake, Fast and Friendly Support Since 2005 • a statewide accounting, by sembly can cut from, but can investigations, and general research, IT Help & Services | Phone Systems month and jurisdiction, never add money to an Agency’s the committees would like more Focused on Serving 5 to 50 Employee Firms of all pretrial dispositions appropriation, there are times information on other support “JustRight.. gives us the peace of mind to do what from July 2016 to Sep- when the Budget Committees functions attorneys might be re- we do �est � prac�ce law, not computers.� tember 2017, including send notice to the Governor that quired to conduct in understaffed ‐FJ Collins, Partner, Kahn, Smith & Collins the number of defendants, they believe an Agency is being offices. Therefore, the committees held on cash bail, released underfunded in certain areas. request that OPD submit a report without conditions or on In the example below, the Bud- detailing any non-managerial, non- recognizance, released with get Committees are expressing case related functions performed by nonmonetary conditions, concern that attorneys at OPD agency attorneys. The report should and held without bail; are “performing an increasing detail what non-case functions are be- • failure to appear rates number of functions that should ing performed by attorneys, identify from July 2016 to Sep- be performed by non-attorney the jurisdictions, and estimate the tember 2017 by jurisdic- support staff. amount of time attorneys have to tion; and devote to non-case functions. • the number and percent- 2. Office of the Public Defender age of defendants held in Committee Narrative: Attor- Vetoed Bill – Paid Family Sick custody more than five days ney Work Functions and Agency Leave after a bail is set from July Staffing: In the Chambers of the State 2017 to September 2017.” Thecommittees are concerned House, nothing gets the party about the impact of support staff started at the beginning of a Session Item 2. Office of the Public shortages in the Office of the Defender (OPD) – Agency Public Defender (OPD) and the See Legislative Page 11

Grow Your Legal Career With a Post-J.D. Certificate LAWYERS in the Maryland General Assembly SENATE OF MARYLAND (10). Senate President Thomas V. Mike Miller, Jr. (D), in Family Law Calvert & Prince George’s Counties; Susan C. Lee (D), Montgomery County; H. This fast-paced, Wayne Norman (R), Harford County; Bob Cassilly (R), Cecil & Harford Counties; practice-based program Brian J. Feldman (D), Montgomery County; Robert A. Zirkin (D), Baltimore County; Joseph Getty (R), Baltimore & Carroll Counties; Victor Ramirez (D), Prince George’s blends theory and County; (D), Montgomery County; Bill Ferguson (D), Baltimore City. real-world applications HOUSE OF DELEGATES (34). Jason Buckel (R), Allegany County; Brett Wilson to prepare both new and (R), Washington County; (R), Baltimore & Carroll Counties; experienced attorneys (R), Baltimore County; (R), Howard County; Robert wishing to add family Flanagan (R), Carroll County; (D), Baltimore County; Frank S. Turner law expertise to their (D), Howard County; (D), Howard County; Kathleen M. Dumais (D), Montgomery County; C. William Frick (D), Montgomery County; Marc Kor- practice. man (D), Montgomery County; (D), Montgomery County; Marice I. Morales (D), Montgomery County; (D), Montgomery County; Ben Barnes (D), Anne Arundel & Prince George’s Counties; Joseline A. Pena-Melnick (D), • knowledge and skills you Anne Arundel & Prince George’s Counties; Geraldine Valentino-Smith (D), Prince can put to use now George’s County; Joseph F. Vallario (D), Prince George’s County; (D), • 16-credit curriculum can Prince George’s County; Angela Angel (D), Prince George’s County; C.T. Wilson (D), be completed in one year Charles County; Michael Malone (R), Anne Arundel County; Susan K. McComas (R), • taught by leading family Harford County; (R), Caroline, Dorchester, Talbot & Wicomico Coun- law attorneys and judges Enrolling now for Spring 2018. Apply online at ties; Krill Reznik (D), Montgomery County; Samuel I. Rosenberg (D), Baltimore City; • tailored to the needs of law.ubalt.edu/familylawcert Stephen W. Lafferty (D), Baltimore County; (R), Baltimore County; Curt working lawyers like you Anderson (D), Baltimore City; Keith Haynes (D), Baltimore City; Charles E. Sydnor, (D), Baltimore City & Baltimore County; (D), Baltimore City; (D), Baltimore City.

10 BAR BULLETIN BAR BULLETIN FOCUS MSBA Legislative Preview DECEMBER 15, 2017

Legislative...Page 10 faster than a veto override. In terms are on the rise. of order of procedure, one of the The Mayor’s Office, the very first Agenda items is Bills Ve- Greater Baltimore Committee, toed by the Governor. Governors and the Baltimore City Police are Key Dates and their legislative staff go into expected to work closely with the in the 2018 General Assembly ‘battle stations’ mode to preserve Baltimore City Delegation and In fact, there are few things that a Legislative Leadership to devise January Governor hates more than having new legislative strategies to stem a veto overridden by the General the rising tide of violence, which 10 GENERAL ASSEMBLY CONVENES (noon, Wednesday) Assembly. A veto override by the continues to tarnish Baltimore’s General Assembly, especially on a reputation, locally and nationally. 17 Final date for Governor to introduce budget bill high-profile piece of legislation, is regarded by a governor as an Net Neutrality 17 Final date for the Governor to introduce capital budget bill act of war, irrespective of whether Perhaps the fiercest looming th the Governor is a Republican or a battle between the federal govern- 19 10 Day — Final date for submission of Executive Orders reorganizing the Democrat. ment and the states will be over the Executive Branch of State Government; either Chamber may disapprove In 2017, after several unsuc- Trump administration’s Federal by resolution within 50 days cessful attempts, the General As- Communications Commission 22 13th Day — Administration bills introduced in the Senate after this date sembly passed House Bill 1 - Labor (FCC) decision to rescind Obama- referred to Senate Rules Committee. and Employment – Maryland era rules governing so-called “net Healthy Working Families Act, neutrality.” Net neutrality is the 23 14th Day — SENATE AND HOUSE BILL REQUEST GUARANTEE otherwise known as that Paid concept that internet service DATE Family Sick Leave bill. The bill providers (ISPs) are required to passed by “veto-proof” majorities give consumers equal access to 24 15th Day — Final date for introduction of Governor’s Salary Commission, in both the Senate and House. all online content, and may not General Assembly Compensation Commission, and Judicial Compensation After 90 days of sparring between create “fast” and “slow” lanes of Commission recommendations. Legislative action must be taken within Governor Hogan and the Demo- internet traffic, by way of creating 50 days after introduction of the joint resolutions of the Governor’s Salary cratic leadership, the legislature “basic” and “premium” speeds and Commission and the Judicial Compensation Commission. passed a bill that provided for 5 access to the internet. The FCC is mandatory paid sick leave days scheduled to vote (at about the time 31 Governor delivers the State of the State Address (noon) to be provided by employers that this article will appear) to eliminate have 15 or more employees. The the current rule, which the Obama February Governor felt that provisions of administration instituted in lieu of 5 27th Day — SENATE BILL INTRODUCTION DATE the bill were unduly burdensome seeking Congressional statutory Senate bills introduced after this date referred to the Senate Rules Committee to small businesses. During the Ses- support. sion, the Governor had proposed FCC Chairman Ajit Pai re- 8 Day before House Bill Introduction Date; “Hopper” will close at 5:00 P.M. a 50 employee threshold, but that cently stated that the rescission of offer was rejected by the General the current net neutrality rule will 9 31st Day — HOUSE BILL INTRODUCTION DATE Assembly. ensure that “the federal govern- House bills introduced after this date referred to the House Rules and Executive On November 27, 2017, Gov- ment will stop micromanaging the Nominations Committee ernor Hogan offered to introduce internet.” Pai went on to state that his own “compromise” Paid Family the FCC will go to great lengths 18 40th Day — “Green Bag” appointments submitted by Governor (Delivered Sick Leave bill as a featured mea- to ensure that state and local gov- on Friday, February 16) sure in his 2018 legislative pack- ernments cannot enact their own age, in exchange for the General internet regulatory schemes that March Assembly not overriding his veto run counter to new FCC rules. 5 55th Day — Final date for introduction of bills without suspension of Rules of the 2017 bill. The Legislative Several states, most notably New Leadership has signaled that it York and California, have expressed 13 63rd Day — Committee Reporting Courtesy Date intends to decline the Governor’s an intent to pursue action through Each Chamber’s committees to report their own bills by this date offer and proceed with a plan to the courts (with others likely to override his veto of House Bill 1. follow) if the FCC proceeds with 19 69th Day — Opposite Chamber Bill Crossover Date So, after all the Opening Week the proposed new rules. Each Chamber to send to other Chamber those bills it intends to pass favorably greetings and handshakes, the Despite Chairman Pai’s pro- Opposite Chamber bills received after this date subject to referral to Rules sausage-making will begin. nouncement, the federal preemp- Committees (Senate Rule 32(c), House Courtesy Date) tion with respect to internet gover- Violence in Baltimore City nance will prevail, I fully expect that April As is constantly reported in there will be at least a few pieces of rd the news, Baltimore City, in 2017, legislation introduced during the 2 83 Day — Budget bill to be passed by both Chambers is having a year of seemingly un- 2018 session aimed at preserving 9 90th Day — ADJOURNMENT “SINE DIE” (Monday) precedented violence. The city has equal access to the internet for all exceeded 300 murders in each of Maryland residents. May the past three years. Violence in the In all likelihood, the wide- city has taken its toll on tourism. spread state and local opposition 9 Final date for an extended session (Wednesday) Aside from murder, other violent to the impending shift in internet crimes, such as carjacking, armed robberies, and aggravated assaults See Legislative Page 12

DECEMBER 2017 11 BAR BULLETIN FOCUS DECEMBER 15, 2017 MSBA Legislative Preview

Legislative...Page 11 regulation by the FCC is likely to end up to eliminate contested elections for circuit types of firearms, who may possess them, 20 others injured, it was determined that in court very quickly. court judgeships. For nearly three decades, and the legality of firearm modifications, the perpetrator should never have been the MSBA has supported the elimination the General Assembly is almost certain to eligible to have purchased the weapons he Rape Survivor Family Protection Act of contested judicial elections, in favor of revisit this familiar debate. used in his crimes, based upon his court- For nearly a decade, legislation has been a retention election system, such as that martial and “bad conduct” discharge from introduced before the General Assembly which applies to District Court and ap- Maryland Assault Weapons Ban the Air Force for assaulting his wife and which sought to establish a hearing process pellate judges in the State. On Monday, November 27, 2017, the child. Unfortunately, in this instance, the for terminating the parental rights of rapists. U.S. Supreme Court declined to review or circumstances of the shooter’s discharge In each instance, the legislation has died. Judicial Performance Reviews comment upon the U. S. Court of Appeals were never conveyed from the Air Force to For two of those years, 2015 and 2016, Several recent news articles have for the 4th Circuit’s decision which upheld the FBI. Had the information been entered the MSBA opposed the bill on the basis highlighted public reaction to undesirable the constitutionality of Maryland’s 2013 into the FBI background check database, of certain due process concerns. Because judicial conduct from the bench and led to law banning military-style assault weapons, theoretically, he would not have been able the bill did not require a rape conviction call for a new, “transparent” evaluation and and high capacity magazines. to legally purchase the military-style rifle or even the filing of criminal charges, the disciplinary process for judges in Maryland. In declining to hear the appeal of the used to carry out his assault on the church. MSBA had concerns about a hearing process At least one of the news accounts cited the gun-rights advocates, the court did not In reaction to the Las Vegas shooting, that employed a civil preponderance of the length of circuit court judicial terms (15 delve into the merits of the arguments of which involved a high-powered rifle, modi- evidence standard of proof and did not years) and appointed District Court term any of the parties to the appeal. fied with a “bump stock,” several legislators contain an expressed statute of limitations. (10 years) as an added reason for a formal, Now that judicial redress has been have expressed interest in banning that rifle periodic evaluation system. The most recent forestalled, it is possible that gun-rights modification part in Maryland. During the summer of 2016, the article, which appeared in the Baltimore advocates may seek legislation to undo the MSBA worked with the lead Sponsor of the Sun, stated that 17 states and the District 2013 law. However, recent high-profile, Court Decisions: Wrenn v District of Co- bill, Del. , as well as the of Columbia have systems in place for rifle-related mass shootings may lead the lumbia and Matthew Grace and Pink Pistols sexual assault victims advocacy community, periodic performance reviews of judges. advocates to wait until 2019. v. District of Columbia to reach agreement on a revised version of The general public is largely unaware Additionally, in July 2017, the U.S. the bill. The MSBA supported the Rape of the existence and function of the Com- Mass Shootings Court of Appeals for the District of Co- Survivor legislation in 2017, which died mission on Judicial Disabilities (perhaps The shootings at the Mandalay Bay lumbia invalidated significant provisions in Conference Committee, in the waning the name is misleading to most). The same Hotel in Las Vegas, and at the First Bap- of the District of Columbia’s handgun hours of the session. could be said for much of the legislature. tist Church in Sutherland, Texas, and the law that required a registered owner of a The MSBA will closely monitor any leg- ensuing news accounts, sparked familiar handgun have a “special need” to carry a Going into the 2018 Session, Sen- islative discussions concerning judicial discussion involving eligibility for gun handgun outside the home. Those provi- ate President Mike Miller has stated that performance reviews and work closely with ownership, personal limits on the number sions are remarkably similar to Maryland’s the Rape Survivor bill will be among his the Maryland Judiciary, partnering in any of firearms owned, the shortcoming of gun- concealed-carry law, so it will be interesting top priorities, which meshes nicely with educational activities that may be developed related registries, and what types of modi- to see if the legislature attempts to forestall the support already expressed by House to address the current awareness gap. fications to a firearm should be permitted. court challenge by amending the State’s Speaker Michael Busch. Given that level of The Las Vegas incident introduced much concealed-carry statute. early support from the Presiding Officers, Gun Control of the world to the term “bump stock,” a Historically, the Democratically- 2018 should finally be the year of passage While the MSBA generally does replacement stock that when attached to controlled General Assembly has been for this legislation. not become actively involved in matters a semi-automatic rifle, allows the gun to strongly pro-gun control. However, Re- relating to gun regulation, it is important perform more like a fully-automatic rifle. publican Governor Larry Hogan has been Contested Judicial Elections to address the likelihood of significant In the Mandalay Bay event, 58 concertgoers opposed to extending regulation of firearms Among the many Constitutional legislative activity in 2018 relating to the were killed, and approximately 500 others in Maryland. The Governor has stated that Amendments likely to be introduced this subject. With two recent mass shootings were injured. After the Sutherland mass he would vow to uphold laws currently upcoming election year will be measures reigniting the debate over access to certain shooting, in which 26 were killed, and on the books. It will be interesting to see how the political dynamics of any new gun control legislation play out in a gubernato- 2017 Committee on Laws rial election year. Task Force Legislation Karen L. Federman Henry, Chair Kelly Hughes Iverson Laura Kelsey Rhodes The MSBA had representation on Hon. Kevin Francis Arthur Hon. Christopher B. Kehoe William David Roessler two Task Forces that were created by 2017 legislation. On the Task Force on Tax Sales Craig Forrest Ballew Hon. James A. Kenney, III Hon. Steven G. Salant in Maryland, the MSBA was represented by Ronald B. Bergman David Warren Lease William Nelson Sinclair Michael Cantrell, and on the Task Force on Kathleen M. Cahill Michael Alexander Leber Margaret Alice Teahan Long-Term Care Education and Planning, Gary W. Christopher Hon. Lynn Stewart Mays David Ian Weinstein the MSBA was represented by Morris Klein. Other Subjects to follow this upcoming Hon. William M. Dunn Margaret Moran McKee David John Wildberger year include: Opioid-related education and Susan Chapman Durbin Hon. Timothy E. Meredith Sidney Allen Butcher, Memb/B&F Treatment Funding; Task Force on Exon- Gardner M. Duvall Elizabeth Sheree Morris Liaison eration; Sexual Assault; Sexual Harassment in the Workplace; Judicial Compensation; Christy Ann Fisher Robert Clare Mueller Hon. Alexandra Nichols Williams , BOG Liaison Attorney’s Fees in Cases of Violation of a Robert L. Hanley, Jr. Richard P. Neuworth Constitutional Right; Elective Share; and, Hon. Lawrence Vincent Hill, Jr. Hon. Steven I. Platt Cameras in the Courtroom. Richard Montgomery III, Staff Katherine Kelly Howard Hon. Nancy Maggitti Purpura See Legislative Page 16

12 BAR BULLETIN Maryland State Bar Association CONTINUING LEGAL EDUCATION CLE Opportunities

By Andrea Terry (BLI). Columbia, MD. Registration MD. Registration opening soon. NEW PUBLICATION • Key excerpts from Mary- is open. n MAY 10, 2018. 2018 Hot Tips UPDATES —NOW land estate law, with com- The MSBA is pleased to an- n MARCH 22, 2018. Fiduciary in Workers’ Compensation. Columbia, AVAILABLE ments, notes, and practice nounce that it is partnering with the Litigation: Contesting and Defending MD. Registration opening soon. tips Business Learning Institute (BLI) Wills, Trusts, and Inter Vivos Transfers. n MAY 24, 2018. Make it Hap- • Relevant case history GIBBER ON ESTATE ADMIN- to offer professional development Columbia, MD. Registration open- pen! The Art of Discipline and Getting • Relevant opinions of the ISTRATION 6TH EDITION courses. These “soft” skill professional ing soon. Things Done. In partnership with Attorney General * * * AVAILABLE IN A FEW skill trainings may not qualify for CLE n MARCH 28, 2018. Introduc- Business Learning Institute (BLI). • Comments on legislative SHORT WEEKS * * * credit with surrounding MCLE states, tion to Big Data. In partnership Columbia, MD. Registration is activity where needed (late December 2017) but will hopefully help our lawyers with Business Learning Institute open. • Reference citations when Visit msba.inreachce.com/Details/ continue to thrive at whatever stage (BLI). Columbia, MD. Registration n JUNE 21, 2018. 2018 Hot including full text would Information/d20dd6c4-2317- of their career they find themselves. opening soon. Topics in Elder Law. Columbia, MD. be cumbersome 405a-8599-df22491075c6 to or- Early offerings will address developing n MARCH 29, 2018. Special Registration opening soon. The NEW 6TH Edition sig- der your copy! executive presence, communication Needs Trusts with POMs Update. nificantly expands the treatise with Allan J. Gibber, Esq. skills, and the art and discipline of Columbia, MD. Registration open- NEW ONLINE, thorough references to new case law getting things done. See the calendar ing soon. and statutory amendments through ON-DEMAND For over three decades, Gibber below for details and keep an eye on n APRIL 18, 2018. Employment 2017. The revised text also reflects n 22017 Advanced Business Law on Estate Administration has been the MSBA website msba.inreachce. Law Institute. Columbia, MD. Reg- new rates and statutory amounts, and Institute the Bible for lawyers with problems com for all upcoming live programs. istration opening soon. includes new and updated samples n Veterans Affairs Benefits: The Old, involving estates of decedents, n APRIL 19, 2018. 2018 of all the official forms throughout The New, The Unknown and is the most sought-after and LIVE IN-PERSON & Advanced Business Law Institute. the volume. n 2017 Land Use Institute definitive book on Maryland estate Columbia, MD. Registration open- Gibber’s NEW 6th Edition is LIVE WEBCASTS n 2017 Hot Tips in Workers’ Com- administration. This practical guide ing soon. an indispensable resource for the bar, n DECEMBER 15, 2017. Recent pensation addresses non-legal as well as legal n APRIL 27, 2018. Ethics: 50 the bench, and the Registers of Wills Developments in Estate Administra- n Immigration Practice in the considerations and includes: Shades of Gray. In partnership with of this state, and will guide you to tion with Allan Gibber. Columbia, Trump Era • Clear instructions on what Business Learning Institute (BLI). being a better estate attorney. MD. Registration is open. n 2017 Advanced Estate Planning you need to do Columbia, MD. Registration open- “… an authoritative treatise, a n JANUARY 25, 2018. Com- Institute • Examples of all the neces- ing soon. comprehensive checklist, a helpful munications with Executive Presence n Medical Assistance (MA) Long sary forms (Gibber covers n MAY 9, 2018. Practical Ap- for Business Success. In partnership Term Services and Supports Eligibility over 150 forms) See Publications Page 19 proaches to Guardianship. Columbia, with Business Learning Institute See CLE Page 19

MSBA LAWYER ASSISTANCE PROGRAM WELLNESS TIPSHEET Being Successful and Feeling Good About Yourself There is No Such Thing as Failure

By Lisa Caplan to success in life. 1. Ask yourself what you want in can build a plan and develop steps 5. Be prepared to fail. Failing is To help you put this in per- life. If you don’t ask yourself this to help you accomplish your goal. how you learn; improve and then I often hear from my clients spective, here are a few extremely question, then you won’t know 4. Be gentle with yourself. How move forward differently. Look at that they have let themselves down successful people who failed before what steps to take to get there. we speak to ourselves has a huge failing as part of the process, and or have failed, and don’t want to they became successful: Break it down. Look at short and impact on our self-worth and not as something negative. try again because they might fail • Walt Disney was fired from the long-term goals. Come up with therefore our courage to try new 6. Don’t forget about self-care. again. Reframing how we look at Kansas City Star because his steps you need to get there. Do things. Think of how you would Self-care is important in every as- “failure” helps us feel better about editor felt he “lacked imagina- not overwhelm yourself; pick one speak to a friend trying to accom- pect of your life. If you aren’t taking ourselves and be more success- tion and had no good ideas.” He goal and then determine what is plish something new. I’m pretty care of yourself it will catch up with ful. If you are afraid to fail, then continued to fail several more your first step. sure you wouldn’t say, “you will you and you won’t be able to take you might as well give up before times before he was successful. 2. Live with intent. Don’t just get never succeed”, “you’re not smart care of anything or anyone else. you even begin, because the only • Oprah Winfrey was publicly caught up in life. Make sure you enough,” or “you will just fail Self-care can include: exercise, eat- people who don’t make mistakes fired from her first television know why you are doing what you again.” If you speak to your friends ing healthy, decompressing, heathy are those who don’t do anything. job as an anchor in Baltimore are doing. Actively ask yourself, like this, you wouldn’t have too sleep habits, family time, etc. How you handle mistakes is more for getting “too emotionally “Why am I doing this?” many friends. Often, this is how 7. Take a healthy risk. Playing important, and it only becomes a invested in her stories.” 3. See the forest through the we speak to ourselves. We can be it safe usually won’t get you too “failure” if you stop trying until you And the list goes on and on. trees. Ask yourself, what is the very harsh and critical, and this is far. Take a risk and put yourself succeed. Taking risk and believing big picture? What are you trying very damaging. So, the next time out there. Discuss your ideas with in yourself will not only help build Steps To Being Successful And to accomplish? If you know what you are “talking” to yourself think, people you trust, do your research your self-esteem, but can also lead Feeling Good About Yourself “how would I talk to a friend?” you want to accomplish, then you See Successful Page 18

DECEMBER 2017 13 Upcoming THE BUSINESS OF LAW Practice Dojo Webinars 2018 Online Action Plan

By Charity Anastasio to build them takes good content, Check the robots.txt file on the and then requires PR to promote site to see what the robot spiders see Law Office Management -As that site. when they scan the website. There sistance hosted two programs this Make the site mobile friendly. should not be duplicate pages. There December: Starting Your Law Prac- For a complete diagnostic on the should be helpful metadata that tice (an all-day seminar on nuts and speed and mobile readability of a describes each page to the robots. bolts of getting started) and Legal page, put it in the Google website There should be one title per page. Connect with Google (a workshop https://testmysite.thinkwithgoogle. Learn more about robots.txt files about improving your online pres- com/intl/en-us. Get a report one can and how to test them here: https:// Join MSBA’s Law Office Management ence to get more clients). The former act on to fix a specific list of things. support.google.com/webmasters/ Assistance program on the 2nd and 4th was recorded and will appear in the Test major competitor pages also, answer/6062608?hl=en. CLE store soon. Wednesday of each month from 2-3 p.m. to get the lay of the land. Google AdWords are becoming The latter was in partnership SSL encryption will soon very expensive and many buy wasted for our Practice Dojo Series. The series with Mockingbird Marketing and become necessary and Google will ad space. There are two AdWords Google, and was a wonderful foray covers a wide array of topics, from practice highlight missing certificates in red every firm should bid on though, to into current search engine optimiza- management and marketing to work-life on search results. Go to https:// protect it: The owner’s name and the balance and technology. Speakers are ABA published authors and thought leaders who bring their passion and expertise to the MSBA. Each presentation will also be recorded and become available to members online.

JANUARY 8 Microsoft Office 365: Improve your Firm’s Collaboration and Productivity Catherine Sanders Reach

JANUARY 10 Getting Over Career Humps Becky Castro

letsencrypt.org for a free certificate. law firm name. It should not cost tion (SEO), Google AdWords, and JANUARY 24 Open a Google search bar and much and if you do not, your com- ways to generate business. Here is a type site:yoursite.com to find out petitors may. No one wants to have short list of action items to improve Evernote: How to Use it to Improve Your how many pages Google thinks an ad high in a Google Search that your firm’s website performance and you have. Go through every single says Don’t go to Blank and Blank Practice Workflows and Processes get more clients: one of them to make sure they Firm? We do blank disputes better. Place your NAME, AD- Heidi Alexander are legitimate. Get rid of poorly To be successful with Adwords, DRESS, and PHONE NUMBER performing pages.This will auto- focus on local searches. 43 percent (NAP) in a footer on every page of matically improve performance of of clients choose their lawyers based the website. If the firm has multiple other pages. on proximity--they are conveniently locations, every location should be FEBRUARY 14 If there is something weird in located--so bid highest on geo- listed in the footer. the site:name.com search (a movie graphic searches within a mile of In addition to the standard What to Look for in being sold in China for example) the firm location, and less on ones homepage and contact us page, it means the site has been hacked. beyond that. Malpractice Insurance make a separate webpage for every Check this even if the site is man- If anyone in your firm is bilin- lawyer in the firm, every practice JoAnne Hathaway aged by another and take action gual, capitalize on that advantage. area, and every location. if a hack is identified. Google will Do website pages that look identical A resources page or blog is a not send people to a site that has to the English ones, but in the other good place to have links to other For more information, contact been hacked. language. Do AdWords in the other important sites, and invite others Charity Anastasio [email protected] To avoid hacks, use a reputable languages. There are few people to link to this page, establishing host. The speakers recommended yourself as an authority. Those links WP Engine and Flywheel. are very good for SEO rankings, but See Online Page 17

14 BAR BULLETIN Keep up to date with MSBA’s latest TECHNOLOGY-TALK news, features, and events. Tech Resolutions

8. Review your privacy settings on no longer in use to a recycler. Find an By Tanya Roberts Like us on Facebook @ social media. Platforms change these e-cycler or contact your local public It’s that time of year again – a settings from time to time - make works department to find out how www.facebook.com/MSBA001 good time to check in with your digi- sure your intended audience has to get rid of the printer that’s been tal device health and set some new remained consistent. out of ink since 2009. Yes, you really habits to set things right in 2018. 9. Clear your inbox, unsubscribe don’t need it anymore. 1. Update your critical passwords. from sales e-mails you don’t need, Bonus: Make a new habit and It’s a good time of year to set new and set up filters for the coming schedule some non-screen time each passwords for your most critical year based on trends. Check out this day. Utilize app settings so that online accounts such as banking, e- article about some inbox tools if you e-mail and notifications are only mail, home WiFi, and social media. need help: go.msba.org/bb1217-3. received at proper times for you. It’s Read about strong password habits 10. Empty your virtual recycle challenging, but quite rewarding - in this article: go.msba.org/bb1217- bin: ease up on drive space (and though I often make exceptions to 1. Document your passwords in a improve those new backup plans) use an e-reader or listen to music. safe place and enable Two-Factor by getting rid of data that you no Have a great start to the new year! Authentication wherever possible. longer need - like unposted selfies Do you feel like you did some of 2. Reset your smartphone pass- and that digital flyer for your niece’s this, say, a year ago? Consider this a code, too. And the default passwords graduation from four years ago. It reminder - this article is an updated on your network devices. And any will feel good to unclutter. version of what was published in Janu- other smart devices in your home. 11. Get rid of the physical ary 2017 (go.msba.org/bb1217-4). 3. Make some space on your digital clutter: take devices that are It’s never too late to start fresh! devices. Archive your photos and videos from your phone, deleting unnecessary ones first. Consider linking to a Dropbox or Google drive account for easy archiving with plenty of free storage space to get you started. 4. Clean up your file folders, especially your desktop, and set a file naming structure for the future. Check out this handy how-to: go.msba.org/bb1217-2. 5. Remove any apps from your phone that you are not using with regularity (for example: Candy Crush, Pokemon Go, or whatever other game that was fun for a few days.) Apps that may not be updated or in use could put you at risk, and we all could use more hard drive space for our next operating system update. 6. Ensure that your computers and smartphones are regularly backed up - and if not, get started! Consider cloud-hosted services from Carbonite, iDrive, Sugar Sync or CrashPlan. Don’t get caught without a backup plan! There is nothing worse than being stranded with no back up, and you have far more saved to your home laptop or desktop than you think. 7. Ensure that you have antivirus software on your computer systems that is up-to-date and has been scanning regularly. If you don’t, look in to packages from Norton or McAfee - but choose one! Most computers ship with these programs initially, but may need renewal after a couple years.

DECEMBER 2017 15 BAR BULLETIN FOCUS DECEMBER 15, 2017 MSBA Legislative Preview

Legislative...Page 13 Maryland General Assembly STATE SENATE HOUSE OF DELEGATES

SENATOR DIST. JURISDICTION DELEGATE DIST. JURISDICTION DELEGATE DIST. JURISDICTION

Astle, John C. 30 Anne Arundel Adams, Christopher T. 37B Caroline, Dorchester, Kittleman, Trent 9A Howard and Carroll Bates, Gail H. 9 Carroll and Howard Talbot, and Wicomico Knotts, Tony 26 Prince George's Benson, Joanne C. 24 Prince George's Afzali, Kathy 4 Frederick and Carroll Korman, Marc 16 Montgomery Brochin, James 42 Baltimore Ali, Bilal 41 Baltimore City Kramer, Benjamin F. 19 Montgomery Cassilly, Robert 34 Harford Anderson, Curt 43 Baltimore City Krebs, Susan W. 5 Carroll Conway, Joan Carter 43 Baltimore City Anderton, Carl, Jr. 38B Wicomico Krimm, Carol L. 3A Frederick Currie, Ulysses 25 Prince George's Angel, Angela 25 Prince George's Lafferty, Stephen W. 42A Baltimore DeGrange, James E., Sr. 32 Anne Arundel Arentz, Steven J. 36 Kent, Queen Anne's, Lam, Clarence K. 12 Baltimore and Howard Eckardt, Adelaide C. 37 Caroline, Dorchester, Cecil, and Caroline Lewis, Jazz 24 Prince George's Talbot, and Wicomico Atterbeary, Vanessa E. 13 Howard Lewis, Robbyn 46 Baltimore City Edwards, George C. 1 Garrett, Allegany, and Aumann, Susan L. M. 42B Baltimore Lierman, Brooke E. 46 Baltimore City Washington Barkley, Charles 39 Montgomery Lisanti, Mary Ann 34A Harford Feldman, Brian J. 15 Montgomery Barnes, Ben 21 Prince George's and Long, Robert B. 6 Baltimore Ferguson, Bill 46 Baltimore City Anne Arundel Luedtke, Eric G. 14 Montgomery Guzzone, Guy 13 Howard Barnes, Darryl 25 Prince George's Malone, Michael E. 33 Anne Arundel Hershey, Stephen S., Jr. 36 Kent, Queen Anne’s, Barron, Erek L. 24 Prince George's Mautz, Johnny 37B Caroline, Dorchester, Cecil, and Caroline Barve, Kumar P. 17 Montgomery Talbot, and Wicomico Hough, Michael J. 4 Frederick and Carroll Beidle, Pamela 32 Anne Arundel McComas, Susan K. 34B Harford Jennings, J. B. 7 Baltimore and Harford Beitzel, Wendell R. 1A Garrett and Allegany McConkey, Tony 33 Anne Arundel Kagan, Cheryl C. 17 Montgomery Branch, Talmadge 45 Baltimore City McCray, Cory V. 45 Baltimore City Kasemeyer, Edward J. 12 Baltimore and Howard Bromwell, Eric M. 8 Baltimore McDonough, Pat 7 Baltimore and Harford Kelley, Delores G. 10 Baltimore Brooks, Benjamin 10 Baltimore McIntosh, Maggie 43 Baltimore City King, Nancy J. 39 Montgomery Buckel, Jason C. 1B Allegany McKay, Mike 1C Allegany and Klausmeier, Katherine 8 Baltimore Busch, Michael E. 30A Anne Arundel Washington Lee, Susan C. 6 Montgomery Carey, Ned 31A Anne Arundel McMillan, Herb 30A Anne Arundel Madaleno, Richard S., Jr. 18 Montgomery Carozza, Mary Beth 38C Wicomico and Metzgar, Ric 6 Baltimore Manno, Roger 19 Montgomery Worcester Miele, Christian 8 Baltimore Mathias, James N., Jr. 38 Somerset, Worcester, and Carr, Alfred C., Jr. 18 Montgomery Miller, Aruna 15 Montgomery Wicomico Cassilly, Andrew 35B Cecil and Harford Miller, Warren E. 9A Howard and Carroll McFadden, Nathaniel J. 45 Baltimore City Chang, Mark S. 32 Anne Arundel Moon, David 20 Montgomery Middleton, Thomas M. 28 Charles Ciliberti, Barrie S. 4 Frederick and Carroll Morales, Marice 19 Montgomery Miller, Thomas V. Mike, Jr. 27 Prince George’s, Charles Clark, Jerry 29C Calvert and St. Mary's Morgan, Matthew 29A St. Mary's and Calvert Clippinger, Luke 46 Baltimore City Morhaim, Dan K. 11 Baltimore Muse, C. Anthony 26 Prince George’s Cluster, Joe 8 Baltimore Mosby, Nick 40 Baltimore City Nathan-Pulliam, Shirley 44 Baltimore City and Conaway, Frank M., Jr. 40 Baltimore City Otto, Charles J. 38A Somerset and Worcester Baltimore Cullison, Bonnie 19 Montgomery Parrott, Neil 2A Washington Norman, Wayne 35 Harford and Cecil Davis, Dereck E. 25 Prince George's Patterson, Edith J. 28 Charles Oaks, Nathaniel T. 41 Baltimore City Dumais, Kathleen M. 15 Montgomery Pena-Melnyk, Joseline A. 21 Prince George's and Peters, Douglas J. J. 23 Prince George’s Ebersole, Eric 12 Baltimore and Howard Anne Arundel Pinsky, Paul G. 22 Prince George’s Fennell, Diana M. 47A Prince George's Pendergrass, Shane E. 13 Howard Ramirez, Victor R. 47 Prince George’s Fisher, Mark N. 27C Calvert Platt, Andrew 17 Montgomery Ready, Justin 5 Carroll Flanagan, Robert L. 9B Howard Proctor, Susie 27A Charles and Prince Reilly, Edward R. 33 Anne Arundel Folden, William G. 3B Frederick George's Robinson, Barbara 40 Baltimore City Fraser-Hidalgo, David 15 Montgomery Queen, Pam 14 Montgomery Rosapepe, Jim 21 Prince George’s and Frick, C. William 16 Montgomery Reilly, Teresa E. 35B Cecil and Harford Anne Arundel Frush, Barbara 21 Prince George's and Rey, Deborah C. 29B St. Mary's Salling, Johnny Ray 6 Baltimore Anne Arundel Reznik, Kirill 39 Montgomery Serafini, Andrew A. 2 Washington Gaines, Tawanna P. 22 Prince George's Robinson, Shane 39 Montgomery Simonaire, Bryan W. 31 Anne Arundel Ghrist, Jefferson L. 36 Kent, Queen Anne's, Rose, April 5 Carroll Smith, William C., Jr. 20 Montgomery Cecil, and Caroline Rosenberg, Samuel I. 41 Baltimore City Waugh, Steve 29 Calvert and St. Mary’s Gibson, Angela C. 41 Baltimore City Saab, Sid 33 Anne Arundel Young, Ronald N. 3 Frederick Gilchrist, Jim 17 Montgomery Sample-Hughes, Sheree 37A Dorchester and Zirkin, Bobby A. 11 Baltimore Glass, Glen 34A Harford Wicomico Zucker, Craig J. 14 Montgomery Glenn, Cheryl D. 45 Baltimore City Sanchez, Carlo 47B Prince George's Grammer, Robin L., Jr. 6 Baltimore Shoemaker, Haven 5 Carroll Gutierrez, Ana Sol 18 Montgomery Simonaire, Meagan C. 31B Anne Arundel Hayes, Antonio L. 40 Baltimore City Sophocleus, Theodore 32 Anne Arundel Haynes, Keith E. 44A Baltimore City Stein, Dana 11 Baltimore Healey, Anne 22 Prince George's Sydnor, Charles E., III 44B Baltimore Hettleman, Shelly 11 Baltimore Szeliga, Kathy 7 Baltimore and Harford Hill, Terri L. 12 Baltimore and Howard Tarlau, Jimmy 47A Prince George's Hixson, Sheila E. 20 Montgomery Turner, Frank S. 13 Howard Holmes, Marvin E., Jr. 23B Prince George's Valderrama, Kriselda 26 Prince George's Hornberger, Kevin B. 35A Cecil Valentino-Smith, Geraldine 23A Prince George's Howard, Carolyn J. B. 24 Prince George's Vallario, Joseph F., Jr. 23B Prince George's Howard, Seth A. 30B Anne Arundel Vogt, David E., III 4 Frederick and Carroll Impallaria, Rick 7 Baltimore and Harford Waldstreicher, Jeff 18 Montgomery Jackson, Michael A. 27B Calvert and Prince Walker, Jay 26 Prince George's George's Washington, Alonzo T. 22 Prince George's Jacobs, Jay A. 36 Kent, Queen Anne's, Washington, Mary L. 43 Baltimore City Cecil, and Caroline West, Chris 42B Baltimore Jalisi, Jay 10 Baltimore Wilkins, Jheanelle K. 20 Montgomery Jameson, Sally 28 Charles Wilson, C. T. 28 Charles Jones, Adrienne A. 10 Baltimore Wivell, William J. 2A Washington Kaiser, Anne R. 14 Montgomery Young, Karen Lewis 3A Frederick Kelly, Ariana B. 16 Montgomery Young, Pat 44B Baltimore Kipke, Nicholaus R. 31B Anne Arundel To Be Announced 2B Washington

16 BAR BULLETIN BAR BULLETIN FOCUS MSBA Legislative Preview DECEMBER 15, 2017 2018 Family Law Legislative Preview

(which did not exclude couples The Commission on Child without resolving the differences. It Family Protection Act has a long By Lindsay Parvis with minor children in common), Custody and Decision-Making is anticipated that these efforts will legislative history without passing. which may result in a corrective bill drafted a model custody statute, be renewed in 2018. Increasing the On January 10, the Maryland Progressing further in the 2017 or may remain if attempts to expand which was introduced in substan- minimum age to marry is important General Assembly begins its 2018 than any other session – passing the ground to include couples with tially similar form in the 2015 for public policy reasons – because legislative session. The FJLSC’s both the House and Senate but in minor children succeed. session. It was unsuccessful in the it can be used to conceal human Legislative Committee actively different forms – the differences 2012, 2016, and 2017 sessions. A trafficking, domestic violence, child monitors family law and related went unreconciled and it died in Divorce – Adultery version of the model custody statute abuse, and statutory rape. But also legislation, testifies in Annapolis, Conference Committee. This same The 2018 session is expected to is expected to be introduced again in for legal reasons. Marriage is not meets with legislators, and educates fate is not likely in the 2018 session see two related pieces of legislation the 2018 session, likely updated to an emancipating event. A married Section members about legislative with sponsorship announced from from different sponsors regard- reflect recent legislative and caselaw minor does not have legal capacity developments. both House Speaker Busch and ing adultery: 1) to decriminalize developments regarding third par- in most instances, including to file The following is a brief preview Senate President Miller and ongoing adultery, so it is no longer a mis- ties and parent disability in custody suit on his/her own behalf for di- of some anticipated family law and efforts of its tireless proponents. The demeanor; and, 2) to eliminate it cases. The FJLSC has supported, vorce and protection from domestic related bills in the 2018 legislative MSBA supported this legislation as a ground for divorce. On the and continues to support the violence. A next friend (prioritizing session. in 2017. If passed, the Act would one hand, eliminating adultery as a model statute. the parents, who under current provide an expedited process for ground would not prevent a spouse As ever, legislation proposing a law likely consented to the mar- Divorce – Mutual Consent terminating rapists’ parental rights, from raising the circumstances that presumption for joint physical and riage) is required. Maryland does In the 2015 session, the so the child can be raised or adopted contributed to the estrangement of joint legal custody will inevitably not have an emancipation statute, Legislature enacted a new ground without the parent’s involvement the parties, since these are consid- be reintroduced this session. The which could address some of these for divorce – Mutual Consent. (and interference). erations for a monetary award and FJLSC continues to oppose a concerns. Opponents to increasing At present, the Mutual Consent Please look for legislative alimony. Nor would it prevent a presumption. the minimum age to marry to 18 ground (Fam. Law Art., §7-103(8)) updates, debriefs, and post-session parent from raising adultery in a without exception point to minors is limited to couples who do not summaries throughout and after the custody case if it resulted in harm Marriage who wish to marry of age military have minor children in common. 2018 session concludes. If you are a to the child. On the other hand, Since 2016, there have been spouses, and so provide benefits There was an unsuccessful attempt Section member and wish to volun- adultery is one of few grounds for multiple failed attempts by Delegate for the spouse and any children. in the 2017 session to eliminate the teer for the Legislative Committee, divorce that entitle a spouse to Vanessa Atterbeary to pass legisla- We shall see what the 2018 session requirement that both parties ap- please contact its Chair, Lindsay file for immediate divorce (with- tion increasing the minimum age brings. The FJLSC has not taken a pear at the divorce hearing. While Parvis ([email protected]). this may not be attempted again in out waiting period) and without to marry in Maryland. The 2017 position on this bill and welcomes separation. Eliminating one ground session saw two such attempts: 1) your input. 2018, there will be renewed efforts Lindsay Parvis is Chair of the invites consideration of all the to increase the minimum age from from the 2016 session to expand Legislative Committee of the Family grounds and whether an overall is 15 to 18 years old, with exceptions Emancipation the ground to all couples. Specifi- & Juvenile Law Section and serves in order. The FJLSC has not taken for 16 and 17 year olds who have A proposed emancipation cally, to eliminate the requirement on its Section Council (“FJLSC”). a position on these anticipated parental or guardian consent and statute is expected this session, that the spouses have no minor Ms. Parvis has represented clients in changes and wants to hear from meet other qualifications; and, 2) likely dovetailing with an increase children in common. The FJLSC Maryland family law matters since you about this and any other up- to increase the minimum age from in the minimum age to marry, even supported eliminating the exclu- 2002 and has volunteered her time dates you would like to see to the 15 to 18 years old, without excep- if preserving the right for those sion of couples with no minor in the Maryland General Assembly grounds for divorce. Please send tions. In 2017, the second of the under age 18. children in common during the since 2005. 2016 session. your thoughts to Lindsay Parvis: two passed the House, crossed over §7-103(8)(ii)(2)’s reference to [email protected]. to the Senate, passed the Senate Domestic Violence §8-208 regarding use and possession with amendments, landing and While not specifically a domes- is an artifact of the original draft Parenting and Custody dying in Conference Committee tic violence bill, the Rape Survivor

Online...Page 14 playing in this market, so there is Google trades in accurate informa- and break, so be sure that yours is And finally, instead of trying Bar Association. She received her opportunity here. tion and wants people to find you at functioning. Test the site contact to look like a lawyer that just hap- JD from Seattle University School Another underutilized tool in the location you say you are. (This page form. Does it go to the right pens to be a person, try to appear of Law in 2007 and opened a solo AdWords is the Call Only button may be the achilles heal of a virtual email? Test the firm’s voicemail. as a person that just happens to be practice in 2008 focusing on estate for mobile. Call Only is literally a law practice.) Does it say We will be back De- a lawyer. Be true to who you are. planning, probate, and family law. click button to call the firm, and Become familiar with Google cember 26 in June? Test the front So, while most December ar- She has worked in law office man- only costs if the potential client Analytics and look at it regularly. desk. Do they bark “Law Offices” ticles on practice management are agement since 2013 and joined the calls. You can turn this ad off when There should be a steady increase in as a first impression? “Tech of 2108” or “Plan for 2018”, MSBA in 2016, where she oversees not able and willing to take the call. page traffic over time. If there is not, Google representative Lee Re- here are 18 action items to Increase the Law Office Management Assis- Work to make your NAP and the steps above have been taken gan said Google recognizes from the Business for 2018. I do think you tance Program. Charity is a member consistent across the internet. If or there is no time to achieve them, data that there are five touch points should write an annual fee budget of the ABA Law Practice Division’s there are past positions, addresses, it may be time to hire someone. Call online for potential clients: I want to (income goal) and plan some busi- Outreach Committee and Profes- or locations out there, start to do me at the MSBA’s Profession and watch (#1), I want to learn, I want ness goals, but hopefully this helped sional Development Committee, the tedious work of correcting the Practice Advancement department to go, I want to do, and I want to with one of them. as well as a regular contributor to information with those directories for referrals. buy. Most just focus on the last one ABA and MSBA publications. You and sites. The more inconsistency Always think about the po- (buying). But see if there are ways Charity Anastasio is the Di- can reach her at [email protected] on address, the more damaging it is tential client experience first and your firm can play in the other areas rector of Profession and Practice or 443-703-3026. to search results for Google, because foremost. Technology will change in an engaging and authentic way. Advancement at the Maryland State

DECEMBER 2017 17 ET ALIA

extends its sympathy to the family and friends of the following member who has passed away: Christopher Allan Teras

Stuart K. Skok Sarah Duckham Lauren N. Rutkowski Arnold Abraham Stuart K. Skok has announced Sarah Duckham has become a Lauren N. Rutkowski has Arnold Abraham, former senior the opening of her new law office, Shareholder at Trow & Rahal. joined Law Offices of Anthony executive intelligence officer, has Stuart Skok Law LLC, a matrimo- J. DiPaula, P.A. as an associate. opened The CyberLaw Group, a ateline...Page 3 nial and family law firm. David R. DLA Piper has earned a perfect Maryland firm focused on per- D Bach, P.C. will be Of-Counsel to score from the Corporate Equality Wesley Bizzell, Assistant General sonal privacy and data security. the firm. Their main office is- lo Index (CEI), a national survey and Counsel and Director of Political 27 Embrace the Plunge! Join cated at 2275 Research Blvd., Suite report from the Human Rights Law & Ethics Programs for Altria, Terry Douglas has joined Maryland MSBA’s Public Awareness Com- 500, Rockville, MD 20850, (301) Campaign Foundation (HRCF) has been named by the Financial Volunteer Lawyers Service (MVLS), mittee and Young Lawyers Section 296-4512, and may be reached for the tenth consecutive year, and Times to the 100 OUTstanding as staff attorney for its Adult at the 22nd Annual MSP Polar Public Guardianship Program. at [email protected], or has been recognized again as a “Best Leading LGBT+ Executives List. Bear Plunge for Maryland’s Special via www.stuartskoklaw.com. Place to Work for LGBT Equality.” Olympics. 8:00 a.m. - 3:00 p.m. at Send your latest news and updates Sandy Point State Park. Sign up to Kobie Flowers of Brown, Gold- McGuireWoods has moved its join Team MSBA online at http:// stein & Levy, LLP has been elected Baltimore office to a new home to Lisa Muscara for inclusion somd.convio.net/goto/MSBA or to the Board of Directors of the at 500 E. Pratt St., , Suite 1000, in Et Alia: [email protected]. National Association of Crimi- Baltimore, Maryland, 21202. contact Angela Munro at angela@ nal Defense Lawyers (NACDL). msba.org for additional details.

Diversity...Page 2 Successful...Page 16 eight percent of lawyers are white. firms are part of the will only grow—and that firms the same level and at the same pace and go for it. Meanwhile, women constitute a Initiative across the state will make sure that as their counterparts…If there is a 8. Get an objective perspec- third of the profession, but only 17 • Firm-hosted networking happens.” focus on inclusion and equality, not tive. Call your Lawyer Assistance percent of equity partners. events only will there be more successful Program to discuss your idea, stay COMMENTS FROM DONOR Firms participating in the new • Events for the Baltimore legal professionals, but these profes- grounded and decrease your stress. legal community, such as FIRMS sionals will also enrich the quality of Initiative believe that increasing Please contact the Lawyer bar association meetings, services provided to clients.” –Ca- diversity makes sound financial Assistance Program for free, con- receptions, etc. mille A. Parker ’00, Partner sense for them and for the profes- DLA Piper fidential assistance. Jim Quinn, • Law school diversity pro- sion, as the statements from their “Despite various efforts within Lawyer Assistance Director, (443) graming Miles & Stockbridge, P.C. representatives, below, show. the legal industry over a long period 703-3041, jquinn@ msba.org; Lisa • Mock interviewing and of time to diversify our ranks, most “The concept of diversity is The Diversity and Inclusion Caplan, LCSW-C, Lawyer Assis- Scholars Initiative will offer finan- other skills-building ex- would agree that the results haven’t sometimes thought of too simplis- tance Counselor,(443) 7033042, cial and professional support every ercises measured up to expectations. We, as tically, as it ignores inclusion—an- [email protected]. Toll free (800) year to approximately 10 academi- Each firm has representa- a profession and as individual firms, other important aspect of achieving 492-1964. cally talented first-year students at tives on an internal committee to therefore, have a lot more work to a richer, more effective and equitable Maryland Carey Law. Diversity support the program and suggest do if we are to achieve and maintain workplace culture. Law firms must Scholars also must have demon- strategies to increase the students’ the levels of diversity and inclusion continue to take steps to close the Lisa Caplan, LCSW-C, has strated leadership and an ability engagement in the Baltimore legal that we expect of ourselves.” –Guy gaps in becoming more diverse and over 20 years’ experience in her field, to overcome challenges to their community. The firm representa- E. Flynn, Partner creating more inclusive workplace and extensive experience providing professional values and career goals. tives are: cultures.” –John Frisch ’83, Chair- wellness workshops and working with The first class of Diversity • DLA Piper: Guy Flynn Gallagher Evelius & Jones LLP man and Chief Executive Officer lawyers and judges in the areas of Scholars includes 11 students. They and Thiru Vignarajah “Although there have been mental health, substance abuse and • Gallagher Evelius & Pessin Katz LLP speak nine languages among them improvements over the years, I think trauma. Find more of her articles at Jones and come to Maryland Carey Law : Camille Parker that there still remains a significant “While a younger, more diverse msba.org/committees/lawyerassist/ from their home states of California, ‘00 and Brian Tucker ‘02 underrepresentation of certain so- population of lawyers are replacing articles.aspx. • Miles & Stockbridge: Texas and Maryland. cioeconomic, racial, ethnic, gender, the older, less diverse population, In addition to financial sup- Yodeski Acquie ‘13 and cultural, and religious groups in the the process has been a slow one. port during the law school’s three- N. Gordon Knox ‘98 legal profession. The other gap is We hope this new initiative will • Pessin Katz year JD program, collaborating law : James Ben- the fact that these diverse profes- help attract a new group of diverse firms and Maryland Carey Law will jamin ‘01 and Mark sionals are not always provided with and skilled lawyers to the legal provide scholarship recipients with Maneche the tools that will enable them to work force in Baltimore.” –Mark opportunities to participate in: “This is just the beginning,” develop adequately, so that they Menache, Member • Individual mentoring said Dean Tobin. “We believe the can advance and be promoted at from attorneys whose need and support for this program

18 BAR BULLETIN CLASSIFIEDSCLASSIFIEDS

OPPORTUNITIESSERVICES WhittierEXECUTIVE Boulevard, & EMPLOYEE Bethesda, COM MD- 20817.PENSATION (301) 469-9575 CONSULTANT: or (800) BLUE WATER BALTImoRE, the ECONOMIST: Lost income, ben- 257-8626.Trusted Advisor References to Owners, and vitae Board on NOMINATION AND ELECTION leading water quality nonprofit efits and life-care plans valued for request.Compensation Visa/MC. Committees Please visit and at: in Baltimore, seeks a Director of OF MSBA BOARD OF GOVERNORS 2017-2018 personal injury, wrongful death and www.economic-analysis.comCEOs regarding competitive base. Advocacy and Baltimore Harbor employment cases. University pro- pay and incentive compensation Waterkeeper to lead legal, policy fessor with extensive experience. levels, plans and practices. Ex- and legislative advocacy, and EXEcUTIvE & EmPLoYEE DR. RICHARD B. EDELMAN, 8515 tensive corporate and consulting NUMBER OF GOVERNORS water quality monitoring efforts comPENSATIoN coNSUL- DISTRICT CLASS I CLASS II Whittier Boulevard, Bethesda, MD experience for non-profit and to advance our clean water goals TANT: Trusted Advisor to Owners, 20817. (301) 469-9575 or (800) for-profit organiza-tions. DAVE TO WHICH ENTITLED ELECTED ODD YEARS ELECTED EVEN YEARS and programs. Please see full job Board Compensation Commit- 257-8626. References and vitae RYAN, CPA, CCP, JD 1206 Mer- description here: https://www.blue- FIRST 6 4 2 on request. Visa/MC. Please visit teesediths and Ford CEOs Road, regarding Towson, com- MD waterbaltimore.org/wp-content/ Baltimore City at: www.economic-analysis.com. petitive21286. base (443) pay 377-3166. and incentive Refer- uploads/Waterkeeper2016.pdf compensation levels, plans and ences upon request. Visit website SECOND 1 1 practices. Extensive corporate at www.CompensationGPS.com. Dorchester and consulting experience for SERVICES Somerset non-profit and for-profit organiza- Wicomico EcoNomIST: Lost income, ben- tions. DAVE RYAN, CPA, CCP, JD Worcester efitsPub andlicati life-careo plansns...Page valued for 13 1206 Merediths Ford Road, Tow- personal injury, wrongful death and son, MD 21286. (443) 377-3166. THIRD 1 1 employmentforms book, andcases. a source University of useful pro- Referencesand Claims upon request. Visit suggestions, all written with Caroline fessor with extensive experience. websiteChapter 7:at Representative`swww.Compensation Com- Kent DR.an eye RICHARD to the practical.” B. EDELMAN, 8515 GPS.com.missions and Counsel Fees “… Mr. Gibber is particularly Queen Anne’s Chapter 8: Account Talbot qualified to deal by virtue of his Chapter 9: Maryland Estate Tax service as special consultant to the Chapter 10: Distributions FOURTH 1 1 Rules Committee on the Probate Chapter 11: Special Administrator Calvert eRulesle project.”Ction S...Page 4 fooD...Page 13 and Foreign Personal Representative Charles Melvin J. Sykes, Esq. a say in the judiciary in their com- whoChapter lives 12: with Minors addiction might St. Mary’s munity.Opposing contested judicial abuseChapter this. 13: So, Small use Estateyour judgment; elections,Summary formerof Contents: Maryland legisla- youChapter know 14: yourself, Modified and ifAdministra it doesn’t- FIFTH 2 1 1 torChapter Timothy 1: Preliminary Maloney andMatters MSBA work,tion try something else. Prince George’s PastChapter President 2: Probate Henry E. Dugan, Jr. 10.Chapter Learn 15:to say Sample “no, thank Forms you.” Pick offeredChapter examples 3: Administration of where contested of Es- andTable chose of Authorities which celebrations you re- SIXTH 8 2 6 electionstates—Generally fall short or unintention- allyTable want of Casesto attend. If you are invited Montgomery allyChapter threaten 4: Appraisal high-quality of Asset/Filing and toIndex ten parties, ask yourself if you really SEVENTH 3 2 1 esteemedof Inventory standing judges. Both want to go to all of them, and RSVP Anne Arundel feltChapter that 5:contested Inheritance elections Tax on Non-have noFormat: to the Customothers. Practice Binder probate Assets Pub. Date: 2017 removed good quality judges from If you need assistance please EIGHTH 5 3 2 Chapter 6: Administration Expenses Pages: lii, 1200+ the bench when their opponents contact the Lawyer Assistance Baltimore County have run with strong political and Program for free, confidential financial alliances, despite levels of assistance. NINTH 1 1 experience. Additionally, panelists Jim Quinn, Lawyer Assis- Harford opposing contested elections feared tance Director, (443) 703- Cecil thatCL theE original...Page goals 13 of contested 3041, [email protected] or elections were moot, and that the Lisa Caplan, LCSW-C, TENTH 2 1 1 Planning with Case Studies the Domestic Violence Case in Mary- elections themselves were a barrier Lawyer Assistance Counselor, Howard n Preparation of Gift Tax Returns land. Baltimore, MD. to qualified individuals accepting (443) 703-3042, (Form 709), and U.S. and Maryland n JANUARY 18, 2018. Handling 1 nominations and engaging in a [email protected]. ELEVENTH 1 Estate Tax Returns (Forms 706 and the Domestic Violence Case in Mary- very public election process. As the Toll free (800) 492-1964. Carroll MET-1) land. Rockville, MD. discussion concluded, it became Frederick n 2017 Hot Topics in Elder Law n JANUARY 23, 2018. Current clear that the challenges presented n Security Clearance Due Process LisaTrends Caplan and Creditor is a Licensed Rights in Certi Con- TWELFTH 1 1 by contested elections have many fied Social Worker at the clinical Appeals: How to Litigate a Clearance sumer Debt Collection. Baltimore, Allegany facets, and will likely continue as level (LCSW-C). She has over 15 Appeal before the National Security MD. Garrett a topic of discussion in the com- years experience in her field, and Agency (NSA) or Department of De- n JANUARY 25, 2018. Current Washington ingfense years. (DoD) extensiveTrends and experience Creditor Rights working in Consum with- Last March, the MSBA Board n Unbundled Legal Services & lawyerser Debt Collection.and judges Rockville, in the areas MD. of YOUNG LAWYERS 3 2 1 ofLimited Governors Scope Representationreaffirmed its four- mentaln FEBRUARY health, substance 6, 2018 . abuse2017 decaden 2017 opposition Family Practice to contested Update andCriminal trauma. Law Update. Baltimore, judicial elections. For more in- MD. formation,VIDEO visit REPLAYS www.msba.org/ n FEBRUARY 8, 2018. 2017 PURSUANT TO THE REGULATIONS governing the nomination and election of the MSBA Board Bar_Bulletin/2016/10_-_October/ n NOVEMBER 28, 2017. 2017 Criminal Law Update. Rockville, of Governors, the membership is hereby notified that nominations are sought for all Districts MSBA_Supports_Sitting_Judg- Family Practice Update. Baltimore, aMD.waRDS...Page 14 which are listed under Class II of this chart. (Class I governors are elected in odd-numbered es,_Opposes_Contested_Judi- MD. n FEBRUARY 13, 2018. Recent years and Class II governors in even-numbered years.) The MSBA bylaws require that all cial_Elections.aspx. research therein, the diffusion of n JANUARY 9, 2018. Planning knowledgeDevelopments thereof, in Estate and Administra the con-- nomination petitions must be received by the Executive Director no later than 5:00 p.m. on tion with Allan Gibber. for People with Disabilities. Balti- tinuing education of lawyers. Baltimore, Learn February 16, 2018. If the election is necessary, ballots must be cast or postmarked no later than more, MD. moreMD. at www.marylandbarfounda- March 30, 2018, and received no later than April 4, 2018. If you are interested in being n FEBRUARY 15, 2018. Recent n JANUARY 11, 2018. Planning tion.org. nominated by a local bar association or individual petitions, you may request a nominating for People with Disabilities. Rockville, Developments in Estate Administration petition from Victor L. Velazquez, Executive Director, MSBA, 520 West Fayette Street, with Allan Gibber. MD. Rockville, MD. Baltimore, Maryland 21201; (410) 685-7878 or (800) 492-1964; or [email protected]. n JANUARY 16, 2018. Handling

NDECEMBERovEmBER 20162017 19 19 Maryland State Bar Association, Inc. The Maryland Bar Center NONPROFIT AR 520 West Fayette Street ORGANIZATION Baltimore, MD 21201 U.S. POSTAGE ULLETIN PAID BVolume XXXIV, Number 12 December 15, 2017 BALTIMORE, MD ADDRESS SERVICE REQUESTED PERMIT NO. 3542

New at the MSBA in 2018 pg. 1

Solo Summit Raises Member Practices pg. 1 to Great Heights

2018 MSBA Legislative Preview pg. 8

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