New Maryland Bar Admittees Recognized

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New Maryland Bar Admittees Recognized Powered By Docstoc
					                                                                                                                         March 2008



  In This Issue                                              New Maryland Bar
  Of Note ..............................................2
  Dates to Remember.............................3            Admittees Recognized
  Member News .....................................4
  Thought for the Day!...........................4           On Monday, February 4, the Court of Frederick County recognized during
  General Membership Meeting .............5                  the Opening Term of Court ceremony seven recent admittees to the Maryland
  Volunteers Needed ..............................5          State Bar.
  Child Support Meeting Minutes .........6
  Update on the Lawyer
    Referral Service ................................6
  Classifieds............................................7
  2008 Dues Invoice... ...........................8
  Super Lawyers .....................................9
  Plaintiff’s Tip .......................................9
  VA Medical Care ...............................12
  BAFC Meeting Minutes ....................16
  Maryland Bar Association
    Leadership Academy ......................18




                                                             ABOVE: Opening Term of Court, February 4, 2008

                                                              Ian Bartman was introduced by Judge Tisdale, George Cox was introduced by
                                                              Tom Lynch, Joseph Edlow was introduced by Susan Puhala, Alsion Getty was
                                                              introduced by Scott Hartinger, Ryan Naugle was introduced by Judge Solt,
                                                              Eliza Michalski was introduced by Judge Adams, and Jennifer Zonarich was
                                                              introduced by Judge Dwyer.
                                                              Each received a certificate from Bethamy Beam, President of the Frederick Bar
ABOVE: New Officer left to right - Howard Metz,
Bethamy Beam, Scott Hartinger, Anne-Herbert                   Association and was invited to sign the Red Book that Sandy Dalton, Clerk of
Rollins, Peter Fitzpatrick, and Paul Rose.                   Court presided over. Signing of the Red Book is a tradition that began in 1946.

                                                                                                                       Continued on page 11
The Bar Association
                                         Of Note...
of Frederick County, MD, Inc.
Post Office Box 3088
                                         Our Sympathy
                                         The Bar Association would like to extend its heartfelt sympathy to Ed Lulie
Frederick, MD 21705-3088
Phone: 301 -663-1139
                                         on the recent loss of his wife, Harriet Lulie. She passed away on Friday, January
Fax: 301-663-8001                        25, 2008. Memorial donations may be made in memory of Harriet to P.O. Box
Email: info@frederickbar.org             626, Jefferson, MD 21755 in care of Ed Lulie.
Website: www.frederickbar.org
                                         Thank You
2008 OFFICERS                            Representatives from The Arc of Frederick County were the guest speakers
President:                               at the February 5, 2008 General Meeting and Luncheon. Beate Frankel,
Bethamy N. Beam, 301-682-5960            Development Director and also member of the Art Auction Committee
President-Elect:                         introduced Jennifer Blakeslee, Assistant Director and Carol Debow, self
Scott M. Hartinger, 301-698-8182         advocate. Carol Debow gave a heart warming talk about her life as an
Secretary:                               individual with developmental disabilities. Thank you ladies for taking
Paul D. Rose Jr., 301-682-9840           time to tell the Members about The Arc of Frederick County.
Assistant Secretary:
Howard Metz, 301-668-2992                Successful Blood Drive
                                         The annual blood drive at the courthouse was held Friday, February 1, 2008.
Treasurer:
                                         There were 25 donors and 20 units of blood were collected. Thanks to all
Peter Fitzpatrick, 301-620-9357
                                         whom came out to support this event.
Assistant Treasurer:
The Hon. Theresa M. Adams,
301-600-1999
                                         Welcome
                                         The Bar Association of Frederick County welcomes five new members this
Past President:                          month. Brian R. Della Rocca is employed with Stein, Sperling, Bennett,
Anne-Herbert Rollins, 301-662-5155
                                         DeJong, Driscoll & Greenfeig, P.C. He graduated from The Catholic
ASSOCIATION OFFICE                       University of America and was admitted to practice in Maryland in 2003.
Executive Director:                      He may be reached on 301-838-3245. Allison Fortmann is employed with
Jan L. Davis                             The Metropolitan Law Group and may be reached on 301-668-7179.
301-663-1139                             She is a graduate of the University of Baltimore and was admitted to practice
jan@frederickbar.org                     in Maryland in 2002. Alison Getty is employed with Ethridge, Quinn,
Office Hours:                            McAuliffe, Rowan & Hartinger located at 100 N. Court Street in Frederick.
Tuesday – Thursday                       She may be reached on 301-698-8182. Getty graduated for the University of
9:00 a.m. to 3:30 p.m.                   Baltimore School of Law and was admitted to practice in Maryland in 2006.
                                         Ian Patrick Bartman is Honorable John Tisdale’s law clerk and may be reached
THE NEWSLETTER                           on 301-600-2796. He is also a graduate of the University of Baltimore and
The Bar Association of Frederick         was admitted to practice in Maryland in 2007. Andrea K. Ormiston is
County, Maryland, Inc. newsletter is     employed with Severn, O’Connor & Kresslein, PA in Frederick. She graduated
published monthly. Articles and infor-   from the University of Maryland School of Law and was admitted to practice
mation to be included in the newslet-    in Maryland in 2004. Ormiston may be reached on 301-682-9840.
ter must be submitted in written or
electronic format by the 15th of the
month preceding publication month.
                                         BAFC Website
                                         Updates are being entered into the Website database. New information
Classified and display advertising       is taken from the Dues Invoices received. Please check to make sure your
are available at a modest cost.          password, User ID and/or Website is correct. Contact Jan if you need
For information call 301-663-1139.       a correction. jan@frederickbar.org
                                                                                                      Continued on page 4
                                                           2
Dates to Remember
March                                                           March             continued

Tuesday, March 4, Noon                                          Monday, March 17
    General Membership Meeting                                     Deadline for Newsletter Input
    and Luncheon                                                Monday, March 20, 4:30 p.m. - 6:30 p.m.
    Danielle’s                                                     Happy Hour
    6 N. East Street/Parking in Rear                               La Paz Mexican
    $14.00 per person/Cash or Check                                51 South Street
    Art Auction Tickets Available                                  Sponsored by Miles & Stockbridge
    Guest Speakers: Mark Leventhal
                                                                Thursday, March 27, Noon
Thursday, March 6, 8:00 a.m.
                                                                    Executive Committee Meeting
    Charity Art Auction Committee Meeting
                                                                    On West Church Street, 2nd Floor
    Miles & Stockbridge
    30 West Patrick Street, Suite 600
                                                                April
Thursday, March 13, 8:00 a.m.
    Charity Art Auction Committee Meeting                       Tuesday, April 1, Noon
    Severn, O’Connor & Kresslein                                    General Membership Meeting
    50 Carroll Creek Way, Suite 340                                  and Luncheon
                                                                     Danielle’s Restaurant
Friday, March 14, 5:30 p.m.
                                                                     6 N. East Street/Parking in Rear
     Charity Art Auction
                                                                     $14.00 per person/Cash or Check
     Dutch’s Daughter
                                                                     Guest Speakers: TBA
     (See Flyer in Newsletter for Details)
                                                                Wednesday, April 15
Monday, March 17
                                                                    Deadline for Newsletter Input
   Deadline for Newsletter Input
   St. Patrick’s Day




                                                      tein
                                                      perling
                                                       Attorneys at Law


                     is pleased to announce three new Principals of the Firm




 MONICA G. HARMS                         DARLA J. MCCLURE                           KAREN N. SHAPIRO
         Family Law                  Managing Principal - Frederick Office        Business and Employment Law
                                       Business and Employment Law

Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.       5283 Corporate Dr., Suite 301, Frederick, MD 21703
Celebrating 30 Years of Measuring Success by Results                           240-529-1483 • www.steinsperling.com


                                                       3
Of Note...                                                       Member News
                                                                 WELCOME IAN BARTMAN
Continued                                                        Ian presently serves as the judicial law clerk for the
                                                                 Honorable John H. Tisdale here in Frederick County.
2008 Directory (January)                                         He is a graduate of the University of Baltimore School of
The 2008 Directory (January) is available on the Website         Law, where he served as a teaching assistant and staff editor
www.frederickbar.org under Members section. You will             for the University of Baltimore Law Forum. While in law
need your password and user ID to enter that section. The        school, Ian clerked for the Law Offices of Hamilton,
Directory is updated by changes members provide on their         Altman, Canale & Dillon, LLC, a medical malpractice
Dues Invoices. This Directory has changes provided               defense firm in Bethesda. He is a graduate of the Johns
through January 31, 2008. Members who have not paid              Hopkins University Graduate School of Education and has
their 2008 dues by March 31, 2008 will have their names          an undergraduate degree from the University of Maryland
and information removed from the Directory. Please               at College Park. Prior to being admitted to the Bar, Ian’s
contact Jan (jan@frederickbar.org) if you need to make           employment history included experience as a public school
corrections and/or additions. The next update will be            teacher and public relations manager. He is a Middletown
July 2008.                                                       High School graduate and has been a Frederick County
                                                                 resident for nearly 30 years. Ian presently resides in
Update On Lawyer Referral Service                                Frederick with his wife and two daughters.
There are now seven participating attorneys from Frederick
County working with the Lawyer Referral Service. The Bar         VIRGINIA B. JOEHL JOINS
Association of Frederick County refers people looking for        HASPEL & MCLEOD, PC
an attorney to the referral phone number. The number is
                                                                 The Law Firm of Haspel & McLeod, P.C. is pleased to
1-877-633-1477 and rings in Baltimore. Baltimore
                                                                 announce that Virginia B. Joehl has become associated
County offered this service to Frederick and Carroll
                                                                 with the firm. The firm has an office at 77 S. Washington
Counties when the program that was then being used was
                                                                 Street, Suite 200, Rockville, Maryland 20850, tel.: (301)
discontinued. There have been 62 referrals for Frederick
                                                                 424-8841 and 316 West Patrick Street, First Floor,
County since the program began in September. Please
                                                                 Frederick, Maryland 21701, tel.: (301) 631-0592.
note corrected phone number.

REMINDER – Have You Paid Your Dues?
Please remember to pay your dues this month.                     New Members Bios
Membership for 2008 is $100 and for an additional $50,           If you are a new member of the Bar Association and you
your website will be listed on the Bar Association of            haven’t already sent me your biography to be included
Frederick County website (www.frederickbar.org) under            in the Newsletter, don’t miss this opportunity to tell
Find An Attorney.                                                other Members about yourself and what you can offer
Your updated invoice will be reflected in the Bar Data           the Frederick Bar Association. This is a good way for the
Base, Mailing Labels, Practice Areas (shows on the               Members to meet you. Please send your biography to Jan@
website), and the Directory. Beginning April 1, only paid        frederickbar.org and it will appear in the next Newsletter.
members will be in the Directory and receive Newsletters.

                                                                    Merchant’s Air Conditioning & Heating Service
                                                                    Sales • Service • Installation

                                                                    (301) 515-8453
Thought for the Day!                                                Dale S. Merchant

We make a living by what we get; we make a life                     14601 W. Old Baltimore Rd.
by what we give.                                                    Boyds, MD 20841
                                    — Winston Churchill

                                                             4
Special Guests Spoke at
the General Membership
Meeting and Luncheon
On Tuesday, February 5, 2008, special guests from The
Arc of Frederick County spoke about their mission and
experiences to members at Danielle’s Restaurant. The Arc is
this years Annual Charity Art Auction Beneficiary. The Arc
provides services to children and adults with developmental
disabilities who live in Frederick County. Their mission
is to provide advocacy, access to resources, and assistance
in increasing individual and family connections for people
with developmental disabilities. Services are based
on the individual’s requests and their choices about
the type of help they need. The agency plans
to use funds from the art auction to provide real
world experiences to prepare individuals to live
on their own.
Bethamy Beam, President, also thanked Ann-
Herbert Rollins for her year of service as President
of the Bar Association of Frederick County in 2007
and presented her with the Presidential Plaque.

TOP RIGHT: Tracie Clabaugh, Art Auction Co-Chair, Beate
Frankel, Development Director, and Carol Debrow, Self
Advocate (both representatives from the Arc of Frederick
County), Beth Beam, and Paul Rose (Art Auction Co-Chair).
                                                                          Above: Members of the Charity Art Auction, front row left to right -
                                                                          Ian Bartman, Alison Getty, Beth Beam, Paul Rose, Beate Frankel, Jan
                                                                          Davis, Tracie Clabaugh, Ron Cramer (photographer).




   Your Partner for Professional Liability Insurance
           and Risk Management Services                                   Volunteers Needed, National
   Legal Mutual Liability Insurance Society of Maryland has been
   providing malpractice insurance to Maryland attorneys since 1988       Advance Directive’s Day
   and is the only lawyers professional liability insurance company
                                                                          The National Bar Association has announced that May 1,
   endorsed by the Maryland State Bar Association.
                                                                          2008, is National Advance Directive’s Day. The purpose
               •Online application and quote process                      of the day is to meet with Senior Citizens and provide
               •Knowledgeable sales and customer service                  certain legal services re Living Wills and Advance Medical
               •Knowledgeable risk management professionals               Directives. The Department of Aging, Frederick County,
               •Competitive rates                                         will assist Frederick County’s legal community to host
               •Solo and small firm specialists                           such an event. Attention all Attorneys, Paralegals and
                                                                          Legal Assistants: Can you spare a couple hours of your
             Go to www.legalmutual.com to apply                           time to assist with planning or to join us on May 1st?
            online today and receive a 10% discount
                       on your premium.                                   If so, please contact: Bea Schultz, Law Offices of Jeanne F.
                                                                          Singer, P.A. at 240-356-0140 or email bschultz@
         800.422.1370           www.legalmutual.com
                                                                          jsingerlaw.com. We have agreed to organize the event.
                                                                      5
                                 Child Support Meeting Minutes
                                                     January 16, 2008
Those in attendance:
                   Julie S. Solt                          Richard Gibbs                      Nancy Bell
                   G. Edward Dwyer, Jr.                   Susan Little                       Lynda Byrd
                   Arthur Kravetz                         Nanci Hamm                         Sabrina Hoy
                   Mary Riley                             Erin Stalzer                       Jean Creighton
                   Chris Remsburg                         Barbara Domer

1. Contempt Sentencing – Judges will no longer                           Second, due to the Assignment Office not receiving
   impose a sentence if the sentence is not going to be                  some orders until after the new hearing date has
   served. The new plan of action will be to say Defendant               already occurred, consent orders drafted by the State’s
   stipulates or is found in contempt and set Review                     Attorney’s Office modifying purge amounts and
   Hearings with specified purge amounts. If the purge                   changing Review dates will be separated from all other
   amounts aren’t met, then sentence will be imposed at                  child support orders and handled more expeditiously.
   that time. There will be no need for the judges’
   assistants to include these cases on the monthly reports          4. Forfeiting Cash Bonds – It was determined that
   to the AOC. Also, the Clerk’s Office should leave all                if the person who posts a cash bond is someone other
   courtroom worksheets with the judge’s assistant and                  than the defendant, then the Clerk’s Office is obligated
   if a sentence is imposed the judge’s assistant will receive          to return the bond money if the defendant appears
   the file with the courtroom worksheet in order to                    for hearing.
   process the commitment order quickly                              5. Copying Orders – In the past the Assignment Office
2. Scheduling – First, it was determined that orders are                has been making copies of all the child support orders
   no longer needed if a child support case is postponed                for disbursement among the parties. It was decided
   on the record. The courtroom clerk will hand out                     that this procedure will change and it will now
   copies of the courtroom worksheet with the new date                  become the Clerk’s Office responsibility to make all
   to all parties.                                                      the copies of signed child support orders for purposes
                                                                        of disbursement among the parties.




      SAVE THE DATE!                                                               Update on the Lawyer
          Retirement Dinner for                                                    Referral Service
                                                                                   There are now seven participating
            Irma S. Raker                                                          attorneys from Frederick County working
     Judge of the Court of Appeals                                                 with the Lawyer Referral Service. The Bar
              of Maryland                                                          Association of Frederick County refers
                                                                                   people looking for an attorney to the
  Thursday, May 15, 2008, 6:00 P.M.                                                referral phone number. The number is
                                                                                   1-877-633-1477 and rings in Baltimore.
          Smokey Glen Farm                                                         Baltimore County offered this service to
         Gaithersburg, Maryland                                                    Frederick and Carroll Counties when the
                                                                                   program that was then being used was
            For Information:                                                       discontinued. There have been 62 referrals
        Parkerkathy1@gmail.com                                                     for Frederick County since the program
                                                                                   began in September

                                                                 6
                                                                     
CLASSIFIEDS                                                         Baltimore County Bar Association
                                                                    – Lawyer Referral Service
Office Space: 800 sq. ft., entire second floor of Unit 11,
West Patrick Square, 129 W. Patrick Street, right across            Inclusion of Carroll and Frederick Counties
the street from the courthouse, is immediately available
                                                                    YES, please send me the LRS Panel Rules and
for lease. Rent negotiable. Contact Clay Martz at
301-471-7004.
                                                                    Registration forms.
Beautiful, Sunny, Downtown Offices: for rent. Includes              Name ________________________________
hardwood floors, kitchenette, workroom/conference room              Telephone ____________________________
and shower. Single office $400 per month plus utilities or
two offices for $750 per month plus utilities. Contact Tod
                                                                    Address ______________________________
at 301-694-7235 or Barry at 301-371-5918                            ____________________________________
Office Space: 2,300 s/f with 8 parking spaces, 117 West             ____________________________________
Patrick Street, across from the Courthouse, available June
1, 2008. Rent negotiable. Contact Clay Martz,
                                                                    City _________________________________
(301) 471-7004.                                                     State____________ Zip _________________
Prime Office Space For Lease: The former “Linton,                   Email ________________________________
Shafer” building at 4-6 West Second Street will be available
April/May 2008. Completely renovated, it is comprised
                                                                    Member of Carroll County Bar Association?
of 2 office suites, 2,600 and 3,100 square feet. Parking            Yes________ No__________
available. For brochure, call Lee Radcliffe, Radcliffe Realty
                                                                    Member of Frederick County Bar Association?
Group 301-663-6444, ext 202.
                                                                    Yes________ No__________
                                                                    Return this form, via mail to Doris D. Barnes,
                                                                    Executive Director, Baltimore County Bar
                                                                    Association, 100 County Courts Building, 401
                                                                    Bosley Avenue, Towson, MD 21204; or via facsimile
                                                                    to 410-823-3418; or via email to doris@bcba.org.
                                                                    Note to Frederick Bar Members:
                                                                    The Bar Association has established a toll free
                                                                    number that will ring at the Baltimore County
                                                                    Lawyer Referral Service. The toll free number
                                                                    is 877-633-1477.
                                                                                                                  




                                                                7
                                     2008 Dues Invoice
Payment due March 31, 2008
To: (Your Name) ________________________________________________________________
           Email: _____________________________               Tel: ____________________________
         Website: _____________________________               Fax: ____________________________
Please verify and correct any information and return original or copy when submitting payment.

 2008 Membership Dues                                                                                  $ 100.00
 2008 Website Link1 (optional) - $50.00                                                                $ ______
      Website name: ___________________________________________________________
      Additional Attorney on above Website Link - $5.00 each                                           $ ______
                                                                     Total Due                         $ ______
    1
     Website Link from Bar Association website to your website under “Find an Attorney”
    *Please Note: Directory updates will be made by January 31 for those who pay by January 1, 2008.


ARTICLE III (Membership), Section 3.(a) of the Bylaws of the Association provides that “Each member shall, on an
annual basis and upon the payment of his/her dues, certify to the accuracy of their current membership
classification, and may, at that time, apply for reclassification…” Please complete the certification/reclassification
below:
_____I request that my membership remain the same
_____I request the reclassification of my membership to: ( ) Active ( ) Associate ( ) Honorary
Practice Areas for Website Information (check no more than five):


   Administrative                         Domestic Violence                    OSHA/MOSH
   Aviation                               Education Law                       	Patents
   Adoption                               Elder Law                            Personal Injury
   ADR                                    Employer/ Labor                      Planning/ Zoning
   Antitrust Law                          Environmental                        Product Liability
   Appeals                                Estate Administration                Real Estate- General
   Bankruptcy/ Debtor’s Rights            Estate Planning                      Real Estate- Litigation
   Collaborative Law                      Federal Practice                     Real Estate- Settlements
   Collections/ Creditor’s Rights         Health                               Securities
   Commercial Litigation                  Immigration/ Naturalization          Social Security/ Disability
   Consumer Protection                    International Law                    Tax
   Construction Claims                    Intellectual Property                Traffic/DWI
   Corporation & Business                 Juvenile                             Worker’s Compensation
   Criminal Law                           Landlord/ Tenant
   Divorce/ Custody                       Malpractice



                                                          8
Super Lawyers                                                   Plaintiff’s Tip - Nonuse of
Baltimore Magazine Names Eleven BAFC                            a Seatbelt is Inadmissible
Attorneys as “SUPER LAWYERS”
                                                                by Steve Campen, President, Plaintiff’s Bar Association
Eleven members of our association were recently named in        Don’t be lulled into allowing testimony regarding the use
Baltimore Magazine as “Super Lawyers”. They were selected       of a seatbelt by your injured client, even if you are kind
by a peer nomination and review process which limited
honorees to the top 5% of all lawyers in Maryland.              enough to provide that information during Discovery.
                                                                Transportation Article § 22-412.3(h) is very clear on the
Honored members from the BAFC include:                          subject: (1) Failure of an individual to use a seat belt in
  Alternative Dispute Resolute - Paul Ethridge                  violation of this section may not: (i) Be considered evidence
  Business Litigation - Danny O’Connor, Tom Lynch,              of negligence; (ii) Be considered evidence of contributory
        Jack Quinn                                              negligence; (iii) Limit liability of a party or an insurer;
  Class Actions - Scott Borrison
                                                                or (iv) Diminish recovery for damages arising out of the
  Criminal Defense - White Collar - Paul Kemp
  Family Law - Sherry Leichman, Gwenn McLeod,                   ownership, maintenance, or operation of a motor vehicle.
        Keith Schiszik, Brian Wise                              Clearly, § (iv) is exceedingly important because a jury may
  Medical Malpractice Defense - Mary Beth Kaslick               well reduce the amount of its verdict if it finds the plaintiff
                                                                was not using his or her seatbelt. So keep it out of evidence,
CONGRATULATIONS TO ALL!                                         per the express direction of the legislature.




      Christie Nylen                                                                          Ed Nylen

           Real Estate Title Service, Inc.
                              Abstracting and Recording Services

      Montgomery County                                            Frederick/Washington County
      30 Courthouse Square, Suite 406                              129 West Patrick Street – Unit #1
      Rockville, Maryland 20850                                    Frederick, Maryland 21701
      Phone: 301-762-4503                                          Phone: 301-607-0000
      Fax: 301-762-2511                                            Fax: 301-694-7180

                                        realestatetitle@verizon.net




                                                            9
The Bar Association of Frederick County
        presents the

7th Annual Charity
Art Auction
        to benefit                                                                 Featuring
The Arc of                                                                        Quality
                                                                                  Art in All
Frederick County, Inc.                                                            Media
                                                                                  and Price
Friday, March 14, 2008                                                            Ranges!
5:30 p.m. Preview                                                              Oils
                                                                               Prints
7:00 p.m. Auction                                                              Geclees
                                                                               Photographs
Dutch’s Daughter Restaurant                                                    Contemporary
                                                                               Impressionism
                                                                               Americana
                                                                               Wildlife
                                                                               Seascapes
                                                                               Sports
                                                                               Southwestern
                                                                               Religious
                                                                               Children
                                                                               Primitive



                                                                              Major Credit Cards
                                                                              Accepted
              Photo of Covered Bridge by Frederick photographer, Ron Cramer




Tickets
                                                             Gourmet Hors D’Oeurves
                                                              Cash Bar Door Prizes
                                                           Silent Auction Lots of Fun!
$20 per person, $30 per couple
Patronship $135 (includes 10 tickets)
For information and tickets call 301-663-1139
                                               10
Opening Term of Court                                    endowment fund, which is named the Justice for All
                                                         Fund. Money raised for the Fund will be used to provide
Continued from page 1                                    pro bono legal services to those in need.
Ms. Beam also informed the Court that the                                                    Judge Dwyer spoke
Bar Association of Frederick County,                                                         about the history
Maryland was presented with an Award for                                                     of he Grand Jury
Best Service to the Public at the Maryland                                                   followed by the
State Bar Association’s Annual Bar                                                           swearing-in of the
President’s conference in October, 2007.                                                     Grand Jury.
This award was presented in recognition
of the free legal clinic sponsored by the
Bar Association on July 25, 2007. Sixteen
members volunteered to address the legal
needs of more than 1-00 citizens of
Frederick County. This was a valuable
free service to the community.
Ms. Beam mentioned that the Bar
Association recently established an




   Future Dates from MSBA
   Mark Your Calendars Now!!
           PROFESSIONALISM COURSES
          Maritime Institute Conference Center
             Linthicum Heights, Maryland
                   May 16-17, 2008
                 ANNUAL MEETING
                 Ocean City, Maryland
                  June 11-14, 2008
        CONFERENCE OF BAR PRESIDENTS
      Princess Royale Hotel and Conference Center
                 Ocean City, Maryland
                  October 16-18, 2008


                                                    11
VA Medical Care                                                          Long-term care. The VA offers a number of long-term care
                                                                         options through its health plan.
Submitted by David Wingate                                               All enrolled veterans are eligible for the following services:
The Veterans Administration (VA) provides health care                         Geriatric evaluation—provides either an inpatient
benefits to veterans. The plan covers a number of health                      or outpatient evaluation of a veteran’s ability to care
care services, including preventative services, diagnostic                    for him or herself.
and treatment services, and hospitalization. It may also
                                                                              Adult day health care—a therapeutic day care
cover nursing home and other long-term care options.
                                                                              program that provides medical and rehabilitation
Who is Eligible?                                                              services to veterans
To receive care, most veterans must be enrolled in the VA                     Respite care—provides either inpatient or outpatient
health system. Eligibility for the health system depends                      supportive care for veterans to allow caregivers to get
on a number of factors, including the nature of your                          a break
discharge from military service, your length of service,
                                                                              Home care—nursing, physical therapy, and other
whether you have service-connected disabilities, your
                                                                              services provided in the veteran’s home
income level, and available VA resources, among others.
                                                                              Hospice/palliative care—provides services
To be eligible, you must not have been dishonorably
                                                                              for terminally ill veterans and their families
discharged from the military. Your length of service may
also be important. Former enlisted persons who started                   Some services are limited to certain veterans: nursing
active duty before September 8, 1980, and former officers                home care and domiciliary care are not automatically
who first entered active duty before October 17, 1981,                   available to all veterans enrolled in the VA health plan.
do not have a length-of-service requirement. Otherwise                   The following veterans automatically qualify for unlimited
you must have 24 months of continuous active duty                        nursing home care:
military service, though there are several exceptions for
                                                                            •	 Veterans	who	are	seeking	nursing	home	care	
reservists, National Guard members, service-connected
                                                                               for a service-related condition
disabilities, and hardship discharges, among others.
                                                                            •	 Veterans	with	a	service-connected	disability	rating	
Certain veterans do not need to be enrolled in the VA
                                                                               of 70 percent or more
health system to receive benefits if: you are 50 percent
or more disabled from a service-connected disability, you                   •	 Veterans	who	have	a	service-connected	disability	
are seeking care for a VA rated service-connected disability,                  of 60 percent and are unemployable
or it has been less than one year since you were discharged              A service-connected disability is a disability that the VA has
for a disability that the military determined was caused                 officially ruled was incurred or aggravated while on active
or aggravated by your service, but the VA has not yet rated              duty in the military and in the line of duty. The VA must
the disability.                                                          rule that your illness/condition is directly related to your
The VA has limited resources, so if you are eligible for                 active military service, and it assigns each disability a rating.
services, you will be assigned to a priority group. The                  The ratings are established by VA regional offices around
priority groups range from 1-8 with 1 being the highest                  the country.
priority for enrollment. To see the priority list. As of Jan. 17,        The VA may provide nursing home care to other veterans
2003, veterans assigned to priority 8 are not eligible for               if space permits. Veterans with service-connected disabilities
enrollment or care for non-service connected conditions.                 receive priority.
What Is Covered                                                          There are also state-run veteran’s nursing homes. The VA
The standard benefits package includes: Preventative care                provides funds to states to help them build the homes
services, outpatient diagnostic and treatment services                   and pays a portion of the costs for veterans eligible for
(including mental health and substance abuse treatment),                 VA health care. The states, however, set eligibility criteria
inpatient diagnostic and treatment services, prescriptions,              for admission.
and long-term care (including nursing home care for                      A Domiciliary is a VA facility that provides care on an
some veterans).                                                          ambulatory self-care basis for veterans disabled by age
                                                                         or disease who are not in need of acute hospitalization


                                                                    12
and who do not need the skilled nursing services provided                 •	 Compensation	and	pension	examination	requested	
in a nursing home. Domiciliary care is available to low-                     by the Veterans Benefit Administration
income veterans with a disability.                                        •	 Care	that	is	part	of	a	VA-approved	research	project	
Co-Payments                                                               •	 Outpatient	dental	care	
There are no costs for certain veterans and low-income                    •	 Readjustment	counseling	and	related	mental	health	
veterans. The following veterans are eligible to receive                     services for Post Traumatic Stress Disorder
cost-free health care benefits automatically:
                                                                          •	 Emergency	Treatment	at	other	than	VA	facilities	
   •	 A	service-connected	veteran	receiving	VA	
      compensation benefits                                               •	 Care	for	cancer	of	the	head	or	neck	caused	from	
                                                                             nose or throat radium treatments given while in
   •	 A	veteran	seeking	care	for	a	specific	service-connected	               the military
      disability
                                                                          •	 Publicly	announced	VA	public	health	initiatives	--	
   •	 Former	POWs	                                                           i.e., health fairs
   •	 Purple	Heart	Medal	recipients                                       •	 Care	related	to	service	for	veterans	who	served	
   •	 A	veteran	with	conditions	related	to	exposure	to	                      in combat or against a hostile force during a period
      herbicides during the Vietnam-era, ionizing radiation                  of hostilities after November 11, 1998
      during atmospheric testing, ionizing radiation during               •	 Laboratory	services	such	as	flat	film	radiology	services	
      the occupation of Hiroshima and Nagasaki                               and electrocardiograms
   •	 A	veteran	who	sustained	a	service-related	condition	                •	 Outpatient	co-payments.	The	following	are	the	
      while serving in the Gulf War, in combat in a war                      outpatient co-payments for non-service-related
      after the Gulf War, or during a period of hostility                    conditions:
      after November 11, 1998
                                                                          •	 Services	provided	by	a	primary	care	clinician	are	$15	
   •	 A	veteran	with	military	sexual	trauma	                                 (in 2007) for each visit
   •	 A	veteran	with	cancer	of	the	head	or	neck	caused	                   •	 Services	provided	by	a	clinical	specialist	are	$50	
      by nose or throat radium                                               (in 2007) for each visit
   •	 Treatments	given	while	in	the	military	                             •	 Preventive	care	services	(such	as	screenings	
   •	 A	veteran	who	is	participating	in	a	VA	approved	                       and immunizations) are free.
      research project                                                    •	 Inpatient	co-payments.	The	inpatient	co-payment	
If you don’t fit into one of those categories, the VA will                   is calculated by adding:
ask you to provide your household income and net worth                    •	 $10	per	day	of	hospitalization	(in	2007),	and
from the previous year. If your income is below certain
thresholds, you will not have to make a co-payment.                       •	 $992	for	the	first	90	days	of	hospitalization	and	$496	
In addition, you must not have more than $80,000 in                          for each additional 90 days (in 2007).
property. Those whose income exceeds the threshold or                  There is a reduced co-payment rate (20 percent of the full
who refuse to submit to the means test may have to make                inpatient rate) for certain individuals whose income is above
a co-payment.                                                          the VA income thresholds, but below the Geographic
Unlike the Medicaid program, there is no penalty for                   Means Threshold (GMT).
transferring assets before applying for veteran’s benefits,            Prescription co-payments. Prescription co-payments are
including long-term care. Remember, however, that if you               charged only for outpatient treatment. The following
do transfer assets it may affect your eligibility for Medicaid.        veterans do not have to pay anything for medications:
Even if your income is above the threshold, you do not                    •	 A	veteran	who	is	50	percent	disabled	or	more	with	
have to make co-payments for the following services:                         a service-connected disability
   •	 Special	registry	examinations	offered	by	the	VA	                    •	 A	veteran	who	has	been	determined	by	the	VA	as	
      to evaluate possible health risks associated with                      unemployable due to his service-connected conditions
      military service                                                    •	 A	veteran	who	needs	medication	to	treat	a	specific	
   •	 Counseling	and	care	for	sexual	trauma	                                 service-connected disability
                                                                                                             Continued on next page
                                                                  13
VA Medical Care                                                        Long-term care co-payments. The first 21 days of long-term
                                                                       care are free. Co-payments start on the 22nd day. Long-term
Continued from previous page                                           care co-payments are calculated differently from other co-
                                                                       payments — they are set based on the individual veteran’s
   •	 Former	POWs	                                                     financial status. Veterans must fill out a financial assessment
   •	 A	veteran	whose	income	is	below	the	maximum	                     to determine their co-payments. This is a separate form from
      annual rate for a VA pension                                     the form veterans had to fill out to determine if they were
   •	 A	veteran	who	needs	medication	to	treat	conditions	              eligible for free health care. This form assesses your current
      related to a veteran’s exposure to herbicides during             income as opposed to the previous year’s income. The co-
      the Vietnam era ionizing radiation during                        payments will be adjusted for each individual veteran based
      atmospheric testing, or ionizing radiation during                on his or her ability to pay. Once you have submitted
      the occupation of Hiroshima and Nagasaki                         a form, a social worker will contact you to let you know
                                                                       how much your co-payments will be.
   •	 A	veteran	who	served	in	the	Gulf	War,	in	combat	
      after the Gulf War, or during a period of hostility              What to do if you can’t afford co-payments. There are
      after Nov. 11, 1998, and who needs medication                    several options if you cannot afford your co-payments.
      to treat a service-related condition                             One option is to request a waiver. You will have to submit
                                                                       proof that you can’t financially afford to make payments
   •	 A	veteran	who	needs	medication	to	treat	a	military	              to the VA.
      sexual trauma
                                                                       If your income changed since you applied for free health
   •	 A	veteran	with	cancer	of	the	head	or	neck	caused	by	             care, you can request a hardship determination. This will
      nose or throat radium treatments given while in the              change your priority group assignment. To do this, you will
      military                                                         need to provide current financial information to the VA.
   •	 A	veteran	participating	in	a	VA	approved	research	               Another option is to request a compromise and make a
      project                                                          partial payment. Most compromise offers that are accepted
If you don’t fit into one of these categories, you must pay            must be for a lump sum payment payable in full 30 days
$8 (in 2007) for each 30-day or less supply of medication.             from the date of acceptance of the offer.
If you are in one of the Priority Groups 2 through 6, there
is an annual limit on the amount you have to pay for                   How to Enroll for Health Benefits
prescriptions. You will not be charged more than $960                  You can fill out the form to enroll for health benefits online
during the calendar year. If you are in Priority Groups 7              at https://www.1010ez.med.va.gov/sec/vha/1010ez/ or you
and 8, you will have to pay the full co-payment amount,                can receive the form by calling 1-877-222-VETS (8387).
with no annual limit.                                                  Once you complete and sign the form, mail it to your
The Medicare prescription drug benefit. As part of the new             local VA health care facility.
Medicare law enacted in December 2003, Congress added                  Disability Benefits
a modest prescription drug benefit. This benefit took effect           The VA offers two disability programs. Disability
January 1, 2006. The benefit is available to anyone who is             compensation is available only for veterans with service-
eligible for Medicare Part A or B coverage. The benefit is             connected disabilities, while the disability pension benefit
completely voluntary, so you must decide whether you want              is available to anyone who served during wartime and has
to participate in a plan or not based on your own situation.           a disability. The disability does not have to be related to
If you decide to participate in the Medicare plan, your VA             military service.
prescription drug coverage will not be affected.
Most Medicare beneficiaries must choose a plan by May 15,
                                                                       Disability Compensation
                                                                       If you have an injury or disease that happened while
2006, or be subject to significant financial penalties for late
                                                                       on active duty or if active duty made an existing injury
enrollment. However, because the VA prescription drug
                                                                       or disease worse, you may be eligible for disability
coverage is considered “creditable coverage,” you will not
                                                                       compensation. The amount of compensation you get
face a penalty if you decide to sign up for the Medicare
                                                                       depends on how disabled you are and whether you have
plan after May 15, 2006. If you disenroll or lose your VA
                                                                       children or other dependents. Additional funds may be
prescription drug coverage, you will have 62 days to sign
                                                                       available if you have severe disabilities, such as loss of
up for a Medicare plan without being subject to a penalty.
                                                                       limbs, or a seriously disabled spouse.

                                                                  14
Disability Pension Benefit                                           Your income does not include welfare benefits or
The VA pays a pension to disabled veterans who are not               Supplemental Security Income. It also does not include
able to work. The pension is also available for surviving            unreimbursed medical expenses actually paid by the
spouses and children. This pension is available whether or           veteran or a member of his or her family. This can include
not your disability is service-connected, but to be eligible         Medicare, Medigap, and long-term care insurance
you must meet the following requirements:                            premiums; over-the-counter medications taken at a
                                                                     doctor’s recommendation; long-term care costs, such as
You must not have been discharged under dishonorable
                                                                     nursing home fees; the cost of an in-home attendant that
conditions.
                                                                     provides some medical or nursing services; and the cost
If you enlisted before September 7, 1980, you must have              of an assisted living facility. These expenses must be
served 90 days or more of active duty with at least one              unreimbursed. This means that insurance must not pay
day during a period of war. Anyone who enlisted after                the expenses. The expenses should also be recurring —
September 7, 1980, however, must serve at least 24 months            this means they should recur every month.
or the full period for which that person was called to serve.
                                                                     Aid and attendance. A veteran who needs the help of an
You must be permanently and totally disabled, or age 65              attendant may qualify for additional help on top of the
or older. You will need a letter from your doctor to prove           disability pension benefit. The veteran needs to show that
that you are disabled.                                               he or she needs the help of an attendant on a regular basis.
In addition, your income must be below the yearly limit              A veteran who lives in an assisted living facility is
set by law; called the Maximum Annual Pension Rate                   presumed to need aid and attendance.
(MAPR). The MAPR for 2007 are below:                                 A veteran who meets these requirements will get the
                                                                     difference between his or her income and the MAPR
 Veteran with no dependents          $10,929                         below (2007 figures):
 Veteran with a spouse or a child    $14,313
 Housebound veteran                                                   Veteran who needs aid and attendance
                                     $13,356                                                                            $18,234
 with no dependents                                                   and has no dependents
                                                                      Veteran who needs aid and attendance
 Housebound veteran                                                                                                     $21,615
                                     $16,740                          and has one dependent
 with one dependent
 Additional children                 $1,866 for each child           How To Apply
Your pension depends on your income. The VA pays                     You can apply for both disability benefits by filling out
the difference between your income and the MAPR.                     VA Form 21-526, Veteran’s Application for Compensation
The pension is usually paid in 12 equal payments.                    Or Pension. If available, you should attach copies
                                                                     of dependency records (marriage & children’s birth
Example: John is a single veteran and has a yearly income            certificates) and current medical evidence (doctor &
of $5,505. His pension benefit would be $5,424 (10,929               hospital reports). You can apply online at http://vabenefits.
– 5,505). Therefore, he would get $452 a month.                      vba.va.gov/vonapp.



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                                                                15
                              THE BAR ASSOCIATION
                      OF FREDERICK COUNTY, MARYLAND, INC.
                                                   Meeting Minutes
                                                   February 5, 2008
   The regular monthly meeting of the Bar Association              Members should have electronically received the
of Frederick County was held on Tuesday, February               BAFC Survey. Please fill out the survey and submit it
5, 2008 at Danielle’s Restaurant at 6 N East Street,            electronically. This information will be quite helpful to
Frederick, Maryland. Beth Beam called the meeting               the Executive Committee in planning future events and
to order at 12:15 p.m.                                          meetings.
  No guests were introduced.                                      New Business:
   Beth Beam made a motion for the approval of the                 The following new members were voted into
minutes of the January general membership meeting.              membership: Brian R. Della Roca of Stein Sperling;
The motion was unanimously approved. Beth Beam                  Allison R. Fortmann of The Metropolitan Law Group;
then made a motion that the treasurer’s report, dated           Alison Getty of Ethridge, Quinn, McAuliffe, Rowan and
January 31, 2008, be approved. The motion was                   Hartinger; Ian P. Bartman; and Andrea K. Ormiston of
unanimously approved.                                           Severn, O’Connor and Kresslein, P.A.
  Announcements:                                                   Paul Rose provided the membership with an update
  The following new officers were introduced: Beth              regarding the 2008 Art Auction, thanked the 2008
Beam, President; Scott Hartinger, President-elect;              Art Auction Committee, and urged the membership
Anne-Herbert Rollins, Past President; Peter Fitzpatrick,        to participate.
Treasurer; The Honorable Theresa Adams, Assistant                 Guest Speaker:
Treasurer; Paul Rose, Secretary; and Howard Metz,                  Jennifer Blakeslee, Assistant Director of The Arc
Assistant Secretary.                                            of Frederick County, and Carol Debow, Self Advocate,
  Beth Beam recognized Anne Rollins’ service to the             both spoke regarding the mission of The Arc.
Bar Association.                                                  Adjournment:
   There will be a MSBA Litigation Section meeting                Beth Beam adjourned the meeting.
on Thursday, February 21, 2008 from 5:00 to 7:30 p.m.
at Dutch’s Daughter Restaurant, 581 Hines Avenue,
                                                                                      ELLIN & TUCKER
Frederick. The topic is Appellate Practice – Certiorari,                         CONSULTANTS SPECIALIZE
Issue Preservation Regarding Jury Selection and                                   IN PROVIDING SERVICES
Instructions, and the Do’s and Don’ts of Brief Writing                          TO THE LEGAL PROFESSION
                                                                                    AND THEIR CLIENTS
and Oral Arguments. RSVP to Theresa Michael, 1-800-
                                                                               • Accounting and Tax Services
492-1964, ext. 3017 or Tmichael@msba.org.                                      • Forensic Accounting
                                                                                 and Fraud Investigations
   Applications for the MSBA Leadership Academy                                • Business Valuations
are due by March 31, 2008.                                                     • Damages
                                                                               • Litigation Support
   The Frederick County Drug Treatment Court                                   • Law Firm Management
Graduation will be held on February 7, 2008 at
8:30 a.m., Circuit Courtroom #1.
                                                                               For more information, contact Karen May.
  Old Business:                                                                         30 West Patrick Street
  The Bar Association is soliciting bids for a                                           Frederick, MD 21701
                                                                                  301-696-1926 • Fax 301-696-1933
photographer for our traditional Ten Year Photo.                                         WWW.ETNET.COM
More information to follow.                                                    BALTIMORE • WASHINGTON • FREDERICK
                                                                                 PROVIDING QUALITY SERVICES IN A
                                                                                  CHANGING WORLD SINCE 1946


                                                           16
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                                        The McCammon Group?
                                                                       Quality, Results, Value.
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                                                                                                    MARYLAND




                 HON. DALE R. CATHELL              HOPE B. EASTMAN, ESQ.             MORTON A. FALLER, ESQ.           PATRICK C. MCKEEVER, ESQ.                HON. JAMES L. RYAN            JOHN E. SANDBOWER, III, ESQ.
                       Retired Judge,             Past President, The College of Past President, Bankruptcy Bar           Past President, Montgomery          Retired Associate Judge,           Best Lawyers in America,
                Court of Appeals of Maryland      Labor & Employment Lawyers Association for the Dist. of Maryland          County Bar Association         Montgomery County Circuit Court             ADR Section


                                                                                          WASHINGTON, DC




               ROBERT J. GREY, JR., ESQ.            HON. WARREN R. KING              WILLIE L. LEFTWICH, ESQ.           ALEXIA MORRISON, ESQ.                HON. WILLIAM C. PRYOR             ROBERT P. WATKINS, ESQ.
                      Past President,                      Retired Judge,                 Legal, Business and                Past Chief Litigation               Former Chief Judge,             Fellow, American College
                  American Bar Association              DC Court of Appeals                  Civic Leader                       Counsel, SEC                     DC Court of Appeals                  of Trial Lawyers


                                                                                    NORTHERN VIRGINIA




   HON. F. BRUCE BACH              GEOFF A. DRUCKER, ESQ.                FRANCES FITE, ESQ.         HON. JOHANNA L. FITZPATRICK               ROBERT T. HALL, ESQ.            GRAYSON P. HANES, ESQ.           SUSAN MASSIE HICKS, ESQ.
      Retired Chief Judge,         Past Chief Counsel, Dispute             Past President,                 Retired Chief Judge,                Past President, Virginia         Fellow, American College       Past President, Virginia Women
  Fairfax County Circuit Court    Resolution & Prevention, USPS         McLean Bar Association          Court of Appeals of Virginia          Trial Lawyers Association              of Trial Lawyers               Attorneys Association




HON. RICHARD J. JAMBORSKY JOHN A.C. KEITH, ESQ.                       GLENN C. LEWIS, ESQ.              HON. PAUL F. SHERIDAN              HON. ALFRED D. SWERSKY               BRUCE E. TITUS, ESQ.           HON. ARTHUR B. VIEREGG
      Retired Chief Judge,                Past President,                   Past President,                 Retired Chief Judge,                   Retired Judge,             Past Chair, Construction Law             Retired Judge,
  Fairfax County Circuit Court           Virginia State Bar             Virginia Bar Association           Arlington Circuit Court             Alexandria Circuit Court        Section, Virginia State Bar       Fairfax County Circuit Court



                                                                                        Mediation, Arbitration, Facilitation & Training
                                                                                        For a complete listing of our professionals throughout MD, DC,
                                                                                        and VA, call 1-888-343-0922 or visit www.McCammonGroup.com
Maryland Bar Association Leadership Academy
Maryland Bar Association Leadership Academy
continued
                               Got Free Business Bill Pay?
 Can your firm benefit from free Business Banking Services like Free Business Checks, Free
 Business Online Banking & Bill Pay and Free Business Courier Service? If the answer is “Yes!,”
 call Frederick County Bank’s Commercial Services Group today at 301-620-1400 for a free, no-
 obligation Cash Management consultation! We are committed to bringing the highest quality business
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                Lori Cromwell, Mgr.                                                                   Yvonne Reeder, Mgr.
              Patrick Ctr. Branch Office                                                           Walkersville Branch Office
               30 West Patrick Street                                                                 200 Commerce Drive
               Frederick, MD 21701                                                                    Frederick, MD 21793
                  (240) 379-7671                                                                         (240) 529-1524


      Mary Barry, Mgr., Crestwood Branch Office, 6910 Crestwood Boulevard, Frederick, MD 21703
                                            (240) 529-1548
     Charlene Collins, Mgr., Antietam Branch Office, 198 Thomas Johnson Drive, Frederick, MD 21702
                                            (240) 379-7677
     First order of business checks is free. Free services are subject to certain qualifications. We will be pleased to explain these when you call.
 Member FDIC                                      www.frederickcountybank.com                                                Equal Housing Lender




Bar Association of Frederick County, Inc.                                                                                           Presorted Standard
                                                                                                                                       US POSTAGE
P.O. Box 3088
Frederick, MD 21705                                                                                                                       PAID
                                                                                                                                       Permit No. 451
                                                                                                                                       Frederick, MD
                                                                                                                                        21705-9998


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