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									                                              THE
                                            ADVOCATE
    Newsletter of The Baltimore County Bar Association
VOLUME XIX, NO. 4                                                                                   November 2009

                                  PRESIDENT’S MESSAGE
                                  BY C.    WILLIAM “BUD” CLARK
Pro Bono Publico...                      of our profession to
                                         address the ever-growing
For the public good. Now you have        requirements for help
nearly the limit of my knowledge of      sought by Americans. It
Latin – a deficiency exposed in my       launched an initiative,
very first law school class.             hopefully an annual event,
Professor Alan Hornstein quizzed us      to “Celebrate Pro Bono.”
on a Latin phrase in the assigned        Throughout the country,
case, and struggled to find a student    bar associations, large and
who properly studied for the session     small, found ways to
by looking up the term. Finally, he      provide additional Pro
called on Fred Granese who               Bono services, and to
responded without hesitation and         recognize attorneys who
correctly explained the meaning in       selflessly give their time      Bud Clark, Mike Hamburg and Harry Baumohl
detail. The professor admonished         and effort to those unable to pay for
the rest of us for not being prepared.   legal help at the time of their Inside This Edition
Lesson learned. What Mr. Hornstein       problem.
didn’t know was that Fred didn’t                                                   Advertisers Index         Pg   31
                                                                                   Alaska Cruise Info        Pg   11
research the phrase either; rumor        The BCBA recognized a law firm            Bench/Bar Corner          Pg   6
has it he was a former seminary          consisting of two of our long-            Calendar of Events        Pg   3
student, and erstwhile Latin scholar.    standing       members,        Harry      Committee Reports         Pg   20
So much for that tidbit of advice.       Bauhmohl and Mike Hamburg.                County Council Update Pg       9
                                         They      provide      Pro     Bono       Court Notices             Pg   5
Although I can’t really translate Pro    representation    through     Jewish      Criminal Law Update       Pg   25
                                                                                   Discovery Rules Program Pg     29
Bono Publico, I understand its           Legal Services, which sponsors a          E&T: Animal Trust Act Pg       7
meaning, and appreciate its value in     walk-in clinic. Harry and Mike            Holiday Stuff             Pg   18
our profession. Those teachings          spend a couple hours there each           Joseph Lane Remembered Pg      8
were confirmed again last month          month, advising persons on wills,         Judicial Law Clerk        Pg   14
during     the    American        Bar    divorce, collections, bankruptcy,         Lawyer’s Book Review Pg        12
Association sponsored Pro Bono           contracts and other matters. They         Lawyers Assistance        Pg   9
                                                                                   Member Classified Ads Pg       32
week in which the BCBA                   also take Pro Bono domestic               Member News               Pg   15
participated. The ABA, through its       violence cases through Chana, a           Members On the Move Pg         17
Standing Committee on Pro Bono           division of The Associated Jewish         Memorial Service Notice Pg     8
and Public Service, recognized the       Charities. These attorneys feel that      Professional Lawyer       Pg   13
need for, the necessity of, and the      the personal benefit they receive by      Radcliffe Guest Bartender Pg   15
nearly universal reply by members                                                  Supreme Court Admission Pg     30
                                                         Continued on page 2 ...
  PRESIDENT’S MESSAGE
                                 CONTINUED ...
helping these clients exceeds the monetary one that
they might otherwise derive.
Many people cannot afford the high cost of legal
services. Because many areas of the law remain
complex, these clients cannot effectively proceed
without an attorney’s advice and representation. The
economic downturn has made the need to provide
access to competent legal representation even
greater than before. Whether it appears as a result
of    foreclosure,     eviction,   bankruptcy     or
unemployment, people faced with those problems
can benefit from the help of lawyers like you.

So, we recognize outstanding Pro Bono efforts, we
thank each of you who participate, and we hope for
days when access to justice becomes easier for all to
obtain.

See you ‘round the Courthouse,

                              Bud




THE ADVOCATE                                            Page 2   NOVEMBER 2009
  2009-10 Officers                                     C ALENDAR               OF     E VENTS
 President        C. William Clark
 Pres-Elect Hon. Alex Wright, Jr.
 Secretary       Edward J. Gilliss                              November 2009
 Treasurer      Robert W. Lazzaro
                                         3    Young Lawyers Committee Meeting, 5 P.M., Bar Office
                                         5    Nursing Home Litigation, 12:00-1:30 P.M., Grand Jury Room, County
  Executive Council
       Hon. Philip N. Tirabassi                  Courts Building
        Anne Talbot Brennan
           T. Wray McCurdy               8    Mike Radcliffe Guest Bartender Event: Ravens @ Bengals, 1 P.M.,
       Hon. Vicki Ballou-Watts
          Robert J. Thompson                     Christopher Daniel Restaurant. Fundraiser for The Packard Center
           Adam T. Sampson
            Keith R. Truffer             10   Executive Council Meeting, 8:00 a.m.
  Dana O. Williams, Immed. Past Pres.
    Christine S. Britton, YL Chair
                                         10   Young Lawyers Chamber Chat: Judge Darryl Fletcher, 12 noon
                                         10   Pro Bono Committee Meeting, 4:30 P.M., Levin & Gann
       The Advocate                      11   COURTS and BAR OFFICE CLOSED in observance of Veterans’ Day
    David F. Luby, Editor                12   Bench/Bar Committee Meeting, 8:00 a.m., Room 363, County Courts Bldg.
     Robert C. Lidston
                                         12  Real Property: LEED Certification & Issues, 12 noon, Grand Jury Room ☺
      Doris D. Barnes
      Associate Editors                  12  Solo & Small Firm East Side Committee Lunch, 12:30 P.M., Mo’s Seafood
   Contributing Writers                  16  Adoption and Alternative Reproductive Methods for Same-Sex Couples,
                                                6:00 P.M., Christopher Daniel Restaurant, Timonium☺
          Master Terri Beck
           Kathy M. Blue                 17 Solo & Small Firm Towson Committee Lunch, 12 noon, Greene Turtle
      Francis X. Borgerding, Jr.         17 Annual Memorial Service, 3:30 P.M., Ceremonial Courtroom No. 5
         Christine S. Britton
           Kelly B. Burke                18 CLE: District Court Practice Update, 8:00 a.m., County Courts Building☺
        Robert K. Erdman, Jr.            18 Professionalism Committee Meeting, 5:15 P.M., Bar Office
          Edwin G. Fee, Jr.              19 Roundtable Discussion: Guardianship of Person and Property, 5:00 P.M.,
         Rebecca A. Fleming
         Katherine D. Fones                     Grand Jury Room, County Courts Building ☺
        Stanford G. Gann, Jr.            21 National Adoption Day, 11:00 a.m. Ceremony, Ceremonial Courtroom
         Richard Grason VI
                                                No. 5, Old Courthouse, Second Floor, 400 Washington Avenue
        Louis E. Grenzer, Jr.
           Thomas Hood                   26-27 COURTS and BAR OFFICE CLOSED in observance of Thanksgiving
         Kevin B. Kamenetz
           Cecilia B. Paizs                                     December 2009
           Wendy A. Sare
           Michael W. Siri               1   Software for Trial Attorneys, 12 noon, Grand Jury Room ☺
          Keith R. Truffer               3   Young Lawyers Library Luncheon, 12:30 - 2:00 P.M. ☺
        Laurie M. Wasserman
                                         3   BCBA Annual Holiday Party (and Art Auction), 6:00 P.M. ☺
          Catherine Woods
         Matthew P. Woods                8   Executive Council Meeting, 8:00 a.m.
 The Advocate is a monthly               8   Family Law Brown Bag Lunch, 12 noon, Grand Jury Room
 publication of the Baltimore County     10  Bench/Bar Committee Meeting, 8:00 a.m., Room 363, County Courts Bldg.
 Bar Association informing its
 members about current events            10  CLE: Everything You Always Wanted To Know About The Chambers Judge,
 relating to law. Articles do not
 necessarily reflect the official               12 noon, Brown Bag Lunch, Grand Jury Room ☺
 position of the Bar Association, and
 publication does not constitute an      14 Solo & Small Firm Towson Committee Lunch, 12 noon, Greene Turtle
 endorsement of views which may
 be expressed.                           17 Family Law Brown Bag Lunch, 12 noon, Grand Jury Room
 The contents of advertisements are      24-25 COURTS and BAR OFFICE CLOSED in observance of Christmas
 the responsibility of the advertisers
 and do not represent any                28-1 BAR OFFICE CLOSED FOR HOLIDAYS until January 4, 2010
 recommendation or endorsement by
 The Advocate.
 Publication Deadline: 10th of the
 month preceding publication.
                                                             ☺Flyer included in this issue


THE ADVOCATE                                             Page 3                                 NOVEMBER 2009
  EXECUTIVE DIRECTOR’S                                             LRS DIRECTOR’S
        MESSAGE                                                       MESSAGE
The BCBA continues to strive to provide excellent         When you receive a referral check
education programs and services to its members            from a client made out to BCBA,
during these challenging economic times through our       please forward it to us as soon as
CLE programs, Lawyer Referral Service, Solo &             possible. We have had some
Small Firm lunches now being held in three locations,     issues lately with referral checks
committee dinners, conference co-sponsorship with         being returned by the bank on
both the ABA and the MSBA (see pages 28 & 29), and        which they are drawn when they
our recently acquired Lending Library. This is the        have been held for an extended
time, more than ever, that you should turn to us for      period of time.
assistance in any number of ways.
                                                          As you can imagine during these difficult economic
It is also the time when we need to be much more          times, panel attorneys who handle (un)employment
cognizant of those in need of legal services who are      matters are in great demand. Please spread the word
unable to afford an attorney. Baltimore County is         to your colleagues who may not yet be participating
proud to have a strong pro bono community who will        in LRS.
Celebrate Pro Bono, designated this year by the ABA
as October 26-30th, with a reception honoring attorney    If you are a current member of LRS and have not
and other volunteers on Thursday, October 27th at the     yet signed up to screen calls for the 2009-2010 (July
firm of Hodes, Pessin & Katz. Thank you to our            1-June 30) year, please visit www.shiftboard.com/
many members who donate numerous hours each year          bcba and register. After being approved, you will
to pro bono and, thereby, ensure access to justice for    then log back in to sign up for your screening shifts.
those in need.                                            If you have questions, please call me.

                      Doris Barnes                                              Rachel Ruocco




THE ADVOCATE                                         Page 4                                NOVEMBER 2009
                             HON. JOHN G. TURNBULL II
                 SENIOR JUDGE, CIRCUIT COURT FOR BALTIMORE COUNTY

         EXPUNGEMENT CASES                                         YOU ARE CORDIALLY INVITED
The Circuit Court for Baltimore County now has five
Judges who will handle the expungements. They are:            to attend an award ceremony for the Honorable
Judge Turnbull, Judge Bollinger, Judge Souder,                John O. Hennegan. Judge Hennegan has been
Judge Jakubowski and Judge Bailey.                            selected as the recipient of The National Center For
                                                              Child Support Enforcement Judicial Excellence
Any request for an expungement must be filed with the
Clerk’s Office on Form 4-504.1.Petition for                   Award. The ceremony will be held on Thursday,
Expungement of Records along with the filing fee. The         November 5, 2009 at 3:00 p.m. in Historic
for m is ava ilab l e on th e in te rne t at                  Courtroom #5 located on the second floor of the
www.courts.state.md.us/courtforms/joint/ccdcr072.pdf          Old Courthouse, 400 Washington Avenue, Towson
or at the Criminal Department in the Clerk’s Office. The
                                                              MD 21204. A reception will follow the ceremony.
Clerk’s Office will not accept any Orders prepared
by an attorney or defendant, as that Order may not            Please join us to congratulate Judge Hennegan as he
contain all of the necessary information for the Clerk’s      is honored for his effective judicial efforts and
Office to properly comply with the Order for                  leadership in the critical field of child support
Expungement.                                                  enforcement.
Once the expungement is filed properly with the Clerk’s
Office, the State’s Attorneys Office has 30 days to file an                      R.S.V.P to
Answer. If the State files an Answer and does not                     Janine Gegorek or Lauren Jones in
object, the Clerk’s Office will prepare an Order and                    Judge Hennegan’s chambers at
forward same to one of the Expungement Judges for
                                                                     gegorek@baltimorecountymd.gov or
signature on a rotating basis. If the State files an Answer
with an objection, Criminal Assignment will schedule                   lfjones@baltimorecountymd.gov
the case for an expungement hearing before one of the
Expungement Judges, on a Wednesday, on a rotating
basis, beginning on December 2, 2009.


 The Family Law Judges, Judges Dugan, Ballou-Watts, Norman, Ensor, Stringer and Bailey will be available
 to consider CHRISTMAS VISITATION DISPUTES from Monday, November 23, 2009 through Friday,
 December 18, 2009.

 To obtain the intervention of the Court, contact the office of Judge Dugan, Nancy, at 410-887-6531 directly
 to be assigned one of these Judges on a rotating basis. Once you are assigned a Judge, you may contact the
 Judge’s Chambers and you will need to have the following information available:

         1.   Name of the Case
         2.   Case Number
         3.   What the last order, if any, states with regard to visitation
         4.   Name and telephone number of attorney or party on the other side
         5.   What efforts (stating facts) you have made to reach an agreement with the other side
         6.   The specifics of what you are requesting as relief
         7.   The specifics of what the other side has offered, if anything


THE ADVOCATE                                            Page 5                                NOVEMBER 2009
          WILLIAM R. EVANS,                                   BENCH/BAR CORNER
            CHIEF JUDGE                                                      by Wendy Zerwitz
           ORPHANS’ COURT
In a letter of September 28, 2009 addressed to           •    In requests for Body Attachments, attorneys
Alfred L. Brennan, Jr., Chair of the BCBA Estates             must not fill in the bail amount or the request
& Trusts Committee:                                           will be rejected.
                                                         •    In collection cases, please make sure that your
After considerable discussion and recognizing the             supporting documentation accompanies the
time and logistical constraints of this court, we have        Complaint.
decided to implement a settlement court upon             •    The Orphan's Court will begin holding
request of all represented litigants only. Upon               settlement conferences where the litigants are
receipt of such a request, the court, via Mrs. Diane          represnted.
Becker, shall obtain agreed dates and schedule           •    The Rules Committee has taken no action in
same. One and one-half hour shall be allotted for a           regards to bringing electronic equipment (ie cell
settlement conference.                                        phones) in to Courthouses, leaving it up to each
                                                              individual jurisdiction to decide how to handle
                                                              the issue.
                                                         •    The Young Lawyer's Committee will be holding
        HANGING OUT A SHINGLE:                                a Guest Bartender event at Christopher Daniel
          Developing a Rewarding                              on November 8, 2009. The proceeds will go to
          Solo/Small Firm Practice                            the Packard Center in honor of Mike Radcliffe.

          Co-Sponsored by the MSBA
      Solo & Small Firm Practice Section
                     AND
   BCBA Professionalism & Solo & Small Firm
                 Committees

            Saturday, January 23, 2010
         Sheppard Pratt Conference Center
            6501 North Charles Street
                  Baltimore, MD

                8:30 a.m. - 4:00 P.M.

        $60 for December 2009 Admittees
      $75 for MSBA and/or BCBA Members
       $90 for non-MSBA/BCBA Members
    10% Early-bird Registration if registered by
        December 23, 2009, sponsored by
                Hood & Scholnick

         Register Online at www.msba.org

            Flyer included in this issue.




THE ADVOCATE                                         Page 6                                NOVEMBER 2009
                ESTATES & TRUST COMMITTEE:
          POST MORTEM PLANNING FOR ANIMAL CARE:
             MARYLAND’S NEW ANIMAL TRUST ACT
                                               by Alfred L. Brennan, Jr.



Kathleen J. Masterton, of the Law Office of Kathleen J. Masterton, P.C. was our speaker for the September
24, 2009 Estates and Trusts meeting to discuss Maryland’s new Animal Trust Act. In 2009, Maryland joined
the majority of states who have enacted legislation authorizing Trusts to provide for animals after their owners
passed away. Effective October 1, 2009, new Estates and Trusts Section 14-112 establishes that the common
law rule against perpetuities does not apply to a specified Trust created for the care of an animal alive during
the lifetime of the settlor; authorizes the creation of a Trust to provide for the care of an animal alive during the
lifetime of the settlor; establishes when the Trust terminates; authorizes specified persons to enforce the Trust;
provides for the distribution of property not required for the intended use of the Trust; and sets forth that the
Act is to be applied prospectively. The Trusts may either be established intervivos or testamentary. If you
would like to receive a copy of the hand out, contact Ms. Masterton at kmasterton@verizon.net and she will
email you a copy.




THE ADVOCATE                                           Page 7                                   NOVEMBER 2009
      MEMORIAL SERVICE FOR JOSEPH ANDREW LANE
                                          by Alice L. Arcieri and Dana Miller

On Thursday, September 10, 2009, members of the               selflessness, and ability to listen. Ms. Dively
Baltimore County Bar Association, staff of the                emphasized the family atmosphere that Joe helped
courthouse, judges, friends, family, and colleagues           cultivate in Judge Martin’s Chambers.
celebrated the life of Joseph Andrew Lane, who
passed away in July 2009. Joe recently served as              Joseph Lane’s budding legal career was defined by
Judicial Law Clerk to the Honorable Timothy J.                talent and professionalism. He touched many people
Martin. All gathered in Courtroom 7 for the                   in the legal community in a very short period of
ceremony. Judge Martin opened by introducing the              time. Those of us who had the pleasure of knowing
Lane family, who had travelled from New Jersey to             Joe Lane will deeply miss him. To honor Joe’s
attend the service. From his first interview with Joe,        memory and to benefit students who share the same
Judge Martin was impressed not only by his                    vigor and commitment to their work, the Lane
impeccable credentials, but also his self-assurance,          family has established the Joseph A. Lane Memorial
sense of humor, and passion for the law. Judge                Scholarship at his alma mater, the University of
Martin and Joe immediately discovered their shared            Baltimore School of Law. (For more information on
interest in history, particularly that of World War II.       the Scholarship please contact Matthew Lane at
The Judge was impressed that Joe’s knowledge of               matthewdaniellane@yahoo.com.)
history surpassed the prowess of those forty years
his senior. He also discussed Joe’s passion and
insightful interpretation of the law. Judge Martin
then commended Joe, who recently received the
honor of being simultaneously admitted to both the
Maryland and New Jersey Bars. In remembering his              ANNUAL MEMORIAL SERVICE
law clerk and friend, the Judge stated that “Joe was
kind, respectful, sensitive to others, and a wonderful
conversationalist,” and that Joe “will be sorely
missed.”                                                      Please join us on Tuesday, November 17, 2009 at
                                                              3:30 P.M. in Ceremonial Courtroom No. 5, Old
Speaking next, Master Theresa Beck described how              Courthouse, Second Floor, 400 Washington
immensely she enjoyed her daily interactions with             Avenue, Towson, to honor the following BCBA
Joe. She was impressed that Joe recognized, at such           Members who have passed away since August 2008:
a young age, the importance of the family structure
not only in the successful practice of law, but also in                      Lynn E. Brenneman
fostering lasting, meaningful relationships. Jessica                     Hon. Edward A. DeWaters, Jr.
Immler, Judicial Law Clerk to the Honorable Vicki                            John R. Bashaar, Sr.
Ballou-Watts, followed and spoke on behalf of the                          Donald L. Allewalt, Sr.
law clerks of the Baltimore County Circuit Court.                              Richard A. Reid
She shared fond memories about the cultivation of                             William R. Lenhard
her friendship with Joe at the University of                                Michael Howard Davis
Baltimore School of Law, and their time spent
                                                                             Hon. Marvin J. Land
clerking together at the Courthouse.
                                                                            Anne Talbot Brennan
The final speaker was Cheryl Dively, Judicial                                 Monica C. Doherty
Assistant to Judge Martin. Ms. Dively spoke about                              Joseph A. Lane
how much she enjoyed working with Joe on a daily                           Hon. J. William Hinkel
basis and getting to know him over the past year.
She stated how impacted she was by his maturity,


THE ADVOCATE                                           Page 8                                NOVEMBER 2009
                               COUNTY COUNCIL UPDATE
                                            by Kevin B. Kamenetz, Esquire
                                             Councilman, Second District

                             Greetings! On behalf of       victims. It is estimated that approximately 287 “high
                             the Baltimore County          danger” victims will be served by this new position
                             Council, I am grateful for    during the 14 month funding period.
                             the opportunity to update
                             our Bar members on the        Please feel free to contact me if you have any
                             activities of our County’s
                                                           questions or concerns about County government.
                             legislative body. Your
                             seven member County
                             Council serves as the         Kevin Kamenetz, Councilman, Second District,
                             independent Legislative       Baltimore County Council
                             Branch of County
                             government. The Council
                             meets       year-round,
                             generally in bi-monthly
                             Legislative Sessions (held
at night) and bi-monthly Work Sessions (held during the                 ARE ALCOHOL AND DRUGS CAUSING
day). All proceedings are open to the public, and the                        PROBLEMS IN YOUR LIFE?
Legislative Sessions are broadcast on BCTV (Comcast
                                                              There is a way up and a way out — for ABSOLUTELY
Channel 25 and Verizon). The Council’s web site at            CONFIDENTIAL help, call us today ...
www.baltimorecountycouncil.org provides helpful
information as well.                                              BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM
                                                                A CONFIDENTIAL resource for Baltimore County attorneys,
                                                                               assistants and judges.
Recent events of interest include the following:
                                                              WE DO NOT KEEP RECORDS. Our sole purpose is to
                                                              provide help. We can assist with providing access to treatment
ALTERNATIVE DISPUTE RESOLUTION. The                           facilities and provide emergency practice management, as well as
Council approved an appropriation of State and                referrals to professional counselors.
County funds totaling $46,591 to the Alternative                       JAY MILLER, Chair           410-583-6969
Dispute Resolution Program, to add a new position                                                  443-271-7317
to enhance program services. The ADR services                          JOE MURTHA, Vice-Chair      410-583-6969
                                                                                                   443-271-7319
help resolve court cases through mediation and                         STUART AXILBUND             410-337-0606
settlement conferences. Currently, the DCM Office                      JIM BEACH                   410-241-8538
staffs two positions, which are responsible for                        HON. ALFRED L. BRENNAN, SR. 410-825-2413
                                                                       CHRISTINE BRITTON           410-581-2587
directing all pre-trial settlement conferences and                     MARY CHALAWSKY              410-649-2009
mediation (approximately 6,200 annually). The new                      ANDY COOPER                 410-727-0360
funding will add a new full-time ADR Assistant. It                     FRANCIS LANASA              410-583-6969
is anticipated that the State grant funding may be                     RICHARD LYNAS               410-821-1099
                                                                       JOSEPH LYONS                410-583-8300
extended for another three years.                                      GERARD MILES                443-589-0150
                                                                       JOSE MOLINA                 443-851-7353
VICTIM ADVOCATE PROGRAM. The Council                                   JIM QUINN                   443-703-3041
                                                                       HON. PHILIP N. TIRABASSI    410-512-2323
approved appropriation of $67,750 to the Victim                        RICHARD VINCENT             443-703-3040
Advocate Program, to be used for a new part-time
                                                                  You may also contact the LAP Committee at
Social Worker for 14 months. The source of                                   lap@mmplegal.com
funding is the American Recovery and
Reinvestment Act of 2209 (a.k.a. Stimulus Money).
The social worker will serve as an advocate for
victims of domestic violence and will support the
County’s Domestic Violence Lethality Assessment
Program, which identifies and serves “high danger”

THE ADVOCATE                                           Page 9                                        NOVEMBER 2009
THE ADVOCATE   Page 10   NOVEMBER 2009
                                                          We're going to Alaska !
                                                       Years ago, a number of members of the greater
                                                       Baltimore legal and judicial community went on a
                                                       cruise through the Caribbean. In an attempt to recreate
                                                       the good time that was held by all, a cruise to Alaska
has been planned. Fabulous shore excursions, a Captain's private cocktail party and some possible legal
education are being planned. Please join your friends and colleagues on this wonderful trip.

              When: August 1 to 8, 2010
              Leaving from and returning to: Seattle
              Ship: Holland America Oosterdam
              Ports of call: Glacier Bay, Juneau, Sitka, Ketchican and Victoria
              Cost: Cabins range approximately $1,200 to $2,400 per person

Cabins are LIMITED. Deposits of $175 per person due no later than January 15, 2010 (refundable up
until March 3rd). If you are interested, please contact Carroll Paige at 1-800-241-6561, or at
carrollpaige@bellsouth.net. Please note, this is a private event, not an “official BCBA-sponsored”event.




THE ADVOCATE                                        Page 11                                  NOVEMBER 2009
                                     A LAWYER’S REVIEW:
                         Made to Stick, by Chi; & Dan Heath
                                               Review by Jeffrey R. Scholnick


You have just finished a closing argument in front of a jury. How do you know if your arguments “stuck” with the jury?
You are preparing for an important meeting with a client. How do you explain complicated legal concepts to your client
so that they understand and remember what you said? You are ready to spend thousands of dollars to market your firm
to a target audience. How do you fashion your message so that you are remembered in the midst of the barrage of
advertising?

All of these questions require you to determine how to have your message “stick.” As lawyers, we communicate every
day. It is imperative that we present our advice so that it has an impact on our listeners.

‘Made To Stick” is a prescription to help us reach our clients, juries and other audiences.

The book is actually intended to apply to anyone needing to communicate with an audience, such as teachers, advertisers
or CEOs. The writers, who are brothers, use the acronym “SUCCESs” as an abbreviation for their solution. Their six
principles for “stickie” ideas are: (1)Simple; (2)Unexpected; (3)Concrete; (4) Credible; (5) Emotional; and (6) Stories.
While these six concepts are quite obvious, they are often forgotten when we try to impart on others the information we
have learned.

The authors have a name for this dilemma- the Curse of Knowledge. How many times do we hear clients say that their
prior attorney did not explain their case to them? How many times are we accused of using “legalese?” We feel an
urgency to impress our clients with our knowledge of the law. However, sometimes less is more. The Heaths quote a
criminal defense attorney who stated that if he makes too many different arguments to the jury in his closing, the
members of the jury will not remember any of the arguments when they retire to the jury room. Instead we must “strip
an idea down to its core, we must be masters of exclusion.” If we want clients or juries to remember what we say, we
have to give them something that is simple but something that has substance. This is why we remember proverbs- they
are simple but they also provide great truths.

To qualify as “unexpected,” your idea must have an element of surprise. Think of some of your favorite movies. The
scenes we remember most- those that “stuck” with us- had a component of surprise. For example, the scene in the
“Godfather I,” in which the producer wakes to find his prize horse’s head in his bed, will always be remembered because
it was both unexpected and clever.

To be “concrete,” we must fight the urge to be ambiguous. Sometimes, we try to avoid direct answers with our clients
because we are unsure of how their case will conclude. While we often can not guarantee a result, we can also frustrate
a client by talking in abstractions. We can be concrete by giving examples that are already familiar to our clients. If we
explain legal concepts by using examples that our clients have encountered in their daily lives, then we bridge the gap
between their experiences and our knowledge. The authors call this the “Velcro Theory of Memory.”

The last three principles of SUCCESs can be lumped together for the purposes of this review. Credibility results from
using stories of actual events or famous people to make your point realistic. Similarly, if your story has an emotional
element, it will be compelling to a client, jury or judge. Finally, using stories to get your message across, is much more
powerful than using abstractions or theory. People will remember the concept, meaning or moral of the story.

This book is an easy read that has powerful implications for our communications with clients. I have found myself
using its ideas on a daily basis. It is highly relevant to the way we market our practices and our profession. It is
definitely a book that will “stick” with you.




THE ADVOCATE                                              Page 12                                      NOVEMBER 2009
                           THE PROFESSIONAL LAWYER
                          Return Telephone Calls Promptly
                                                   by Keith R. Truffer

Example:

Tom Lee Response, Esq. conducts a general practice and serves clients ably, handling trial work and business
advice with equal aplomb. Lawyer Response’s clients particularly appreciate his habit of returning telephone
calls promptly, always within twenty four hours. Lawyer Response’s practice flourishes with such satisfied
clients.


Baltimore County Bar Association Code of Professionalism:

PUNCTUALITY: I shall be punctual in communicating with others. I shall return phone calls promptly.

Comment:

A lawyer’s work, at its core, is a service function. We serve our clients by giving them advice and counsel,
representing their interests with the courts and others and by communicating the status of those matters
entrusted to us. Nothing gratifies a client more than the feeling that the client’s needs, concerns and fears are
as important to the lawyer as they are to the client. To fulfill our responsibility, satisfy our clients and build a
successful practice, return telephone calls as promptly as possible.




             Now available for:                                          WORKERS’ COMP LAW FIRM, L.L.C.,
                                                                          Matt M. Paavola, Managing Partner
           Arbitration, Mediation,                                           2113 Orems Road, Baltimore, MD 21220
                                                                                410-574-8000; 410-574-6884, fax
        Guided Settlement Discussions
         JUDGE DANA M. LEVITZ
             Former Senior Judge,                                           Website: MyWorkersCompLawFirm.com
                                                                           Email Matt@MyWorkersCompLawFirm.com
      Circuit Court for Baltimore County,
                                                                MATT M. PAAVOLA has been practicing in the Greater Baltimore
     Adjunct Faculty, U of B School of Law                      area for over 24 years. He is a former Governor of the MAJ. He is
                                                                willing to conduct the initial interview in your office. WCC appeals
                 410-456-4436                                   are welcomed.



                                        BANKRUPTCY—Chapters 7 and 13
                                             1-800-BANKRUPT
                               STOP Foreclosures             Wage Garnishments
                                    Vehicle Repossessions    Creditors Calls
                                    Judgments                Lawsuits
                                        Free Consultation – Payment Plans

                               We are a Debt Relief Agency servicing all areas of Baltimore
                               County, Baltimore City and Harford County – Over 1,000
                               cases filed.

                                    Law Office of Nicholas J. Del Pizzo, III, P.A.


THE ADVOCATE                                             Page 13                                          NOVEMBER 2009
                  SPOTLIGHT ON JUDICIAL LAW CLERK
                                                by Alice L. Arcieri


                                If you attended the       In May, Lauren graduated, cum laude with a
                                Baltimore County          concentration in real estate. While waiting to receive
                                Bar     Association       her Maryland State Bar Exam results, Lauren joined
                                Crab Feast, you           the Baltimore County Bar Association and plans to
                                may have had the          remain active in this organization. She is not only
                                pleasure         of       active in the legal community, but stays physically
                                meeting Lauren
                                                          active by playing golf and recently ran in the Baltimore
                                Jones.      She is
                                currently the law         Half-Marathon. Lauren is interested in the fields of
                                clerk     to    the       environmental law, real estate law, and zoning law.
                                Honorable John O.         Lauren, we wish you all the best in your future
                                Hennegan. Lauren          endeavors.
                                previously interned
for the Honorable Shirley M. Watts at the Circuit
Court for Baltimore City. After her experience with               The Women's Bar Association of Maryland
Judge Watts, Lauren knew she wanted to apply for a
                                                                           Mid-Year Meeting and
law clerk position. Lauren was first introduced to
                                                                      Rita C. Davidson Award Dinner
Judge Hennegan in the Fall of 2008 when he taught
Maryland Civil Procedure at the University of
                                                                  2009 Rita C. Davidson Award Recipients:
Baltimore.
                                                                        The Honorable Toni E. Clarke
                                                                   Circuit Court of Prince George's County
Lauren grew up in Pittsburgh, Pennsylvania and
                                                                                     and
graduated from the Pennsylvania State University in                  The Honorable Cynthia S. Miraglia
2004 with degrees in Advertising and Speech                         Workers Compensation Commission
Communications. After working for a real estate                                  of Maryland
firm in San Diego, California, Lauren decided to
attend law school. First introduced to Charm City by                    Tuesday, November 17, 2009
her brother, who lived here, Lauren decided to attend                    Sheraton Washington North
the University of Baltimore. During law school,                           4095 Powder Mill Road
                                                                         Beltsville, Maryland 20705
Lauren participated in several extracurricular
                                                                                301-937-4422
activities. She was a staff member for the University
of Baltimore Law Review and her article entitled                6:00-7:00 p.m. - Cash Bar Cocktail Reception
Treasuring the Chesapeake: An Analysis of Climate                     7:00 p.m. - Dinner and Ceremony
Change and Its Impact on the Chesapeake Bay and
Maryland’s Surrounding Coastal Regions was                        WBA Members/Members of Judiciary, $85
published in the Winter 2009 issue. Lauren was the                       Non-Members $100
Secretary of the Student Bar Association. Lauren
                                                                       REGISTRATION DEADLINE:
also worked at the Maryland Office of the Attorney
                                                                          NOVEMBER 12, 2009
General for the Department of the Environment and
participated in the School of Law’s Community                MAIL REGISTRATION FORM AND PAYMENT
Development clinic.                                           TO: Women's Bar Association of Maryland, PO
                                                             Box 58, Maryland Line, Maryland 21105, OR fax
                                                                   registration form to 1-866-458-0095


THE ADVOCATE                                         Page 14                                 NOVEMBER 2009
                              MEMBER NEWS
BCBA Member Benefits … Did you know …
… that members are welcomed and encouraged to use the amenities available in the Bar Office
at any time? This includes:

      ►a place to hang your hat, coat and umbrella (instead of lugging them up to the
      courtroom with you, only to forget them there!),
      ►telephone (to check your office for messages or track down your client/
      witness),
      ►a COMPUTER (to check your email, or print out that one voir dire that you
      forgot),
      ►a great cup of coffee or refreshing cup of water.
      ►Did I mention the chocolate? It has been a long-standing tradition in the BCBA
      office to have chocolate and mints available for you!
      ►Many attorneys bring and leave lunch in the fridge, or heat up their soup in the
      microwave.

It really is the “hub” of the courthouse, and a home-away-from-home for all of our members.
It is also the place where we conduct the Lawyer Referral Service. Stop by, say hello, and
check it out!


                                            GUEST BARTENDER NIGHT
                                                w/Mike Radcliffe
                                                    Ravens @ Bengals
                                  A portion of all drink purchases and tips will be donated to
                                            The Packard Center for ALS Research

                              Sunday, November 8th                  Christopher Daniel Restaurant
                                  12 noon - ?                         106 West Padonia Road


                                              Game-day Menu will include

      Nachos w/cheese, $5                              Oyster Po Boy Slider w/Spicy Chipotle, $9
      Southwest Egg Rolls, $8                          Pepperoni, Marinara & Parmesan Flatbread, $10
      East/West Wings, $9                              Delaware Bay Oysters, $1 ea.
      Buffalo Chicken Tenders, $9                      1 lb Steamed Mussels, $10
      Burger Sliders w/Cheese & Bacon, $9              … and more !


THE ADVOCATE                                    Page 15                                NOVEMBER 2009
                                MEMBER NEWS
 WELCOME NEW MEMBERS
  The following attorneys were approved for   WONDER WHICH WAY TO TURN FOR THE
 membership in September and October 2009:
                                              LATEST IN EDUCATIONAL OPPORTUNITIES?
           Theodore B. Cornblatt
              Jerome L. Davis                 Look no farther than the Baltimore County Law Library!
            Donald C. Discepolo
           Timothy Sansom Faith                                     NEW DVDs
                Patrick Ferris
               Brian P. Field                    The Library just finished updating its collection of
                Tiffany Franc                      training material available now only on DVD.
             Jason Sean Garber                              (Not VHS and not BluRay).
            E. Burton Hathaway
             Jacob D. Hornstein               Stop in the Library and review the list of DVDs available.
             Cynthia M. Lifson
            Michael Lippenholz                Borrowing a DVD from the library requires a $25.00 fee
             Mairi Pat Maguire                 and a $100.00 deposit. Please call the Library for more
               Sarah D. Mann                       details on renting a DVD from our collection.
          Christopher M. McNally
              Richard S. Miller
               Anita B. Patel
              William Sinclair
              Samuel Sperling                               NATIONAL ADOPTION DAY
                                                           Saturday, November 21, 2009

                                                      For the fifth year, the Baltimore County Bar
From the Family of C. Eugene Schmidt                        Association is proud to celebrate
                                                           NATIONAL ADOPTION DAY,
With our sincere thanks to all the                 with adoption ceremonies being held in Ceremonial
members of the Bar Association, the                Courtroom No. 5, and a luncheon for all Baltimore
Bench and so many others of the                    County families who have adopted in the last year.
courthouse family who expressed their
                                                      While this event receives donations from the
condolences and shared their memories             Baltimore County Bar Foundation and the Baltimore
and favorite stories with us. He would            County Department of Social Services, we are still in
have been so proud and humbled by the             need of additional funds to buy gifts for the children
affection and respect shown to him.                 and provide lunch for the families. By making a
                                                     contribution, you will help put adoption in the
                                                    spotlight and make a meaningful difference in a
             Sincerely,
                                                  child’s life. Please send a donation today, payable to
             Diane and Joe Knott                               the BCBA, to the Bar Office.
             Larry, Linda and                                 Thank you for your generosity.
               Ernestine Schmidt


THE ADVOCATE                                  Page 16                               NOVEMBER 2009
                                   MEMBER NEWS
         MEMBERS ON THE MOVE                                 YOUR EMAIL ADDRESS IS NEEDED
                Rebecca A. Bryant
               10451 Mill Run Circle                                            If you have not
              Owings Mills, MD 21117                                            been     receiving
                   410-363-7007                                                 email     messages
                 rabryant@aol.com                                               from the BCBA
                                                                                (i.e., The Week
             Pezzulla & Pezzulla, LLC                                           Ahead …, etc.) and
             James S. Pezzulla, Esquire                                         would like to
            Kenneth D. Pezzulla, Esquire
                                                           participate in any judicial qualifications
          28 Allegheny Avenue, Suite 1207
                 Towson, MD 21204                          survey(s) done in the future, it is
                   410-821-5235                            important that you provide us with your
                jamie@pezzulla.com                         current email address. Please send your
                                                           information to doris@bcba.org.
                                                           Remember, all future surveys will be
                                                           done by email access.
CONGRATULATIONS to BCBA Member Edward T.
                                Pinder,       recently
                                honored by the                UB Law Alumni Reception:
                                MSBA first Spotlight
                                                                  Baltimore County
                                Award        for    his
                                outstanding public
                                service role as a good                February 3, 2010
                                citizen           who            Time: 6:00 PM - 8:00 PM
                                                                    Location: BlueStone
                                volunteers in his local       Contact Name: Office of External
                                community. Pinder, a                     Relations
                                busy solo practitioner      Contact E-mail: lawevents@ubalt.edu
                                in Baltimore County,
                                was awarded the            Join Dean Phillip J. Closius and the Office
                                Seasoned Lawyer            of External Relations for happy hour in your
Spotlight Award for his extraordinary volunteer            neighborhood!
commitment to his local community. This solo
attorney supports the youth in Parkville, as well as the
                                                           Our event for Baltimore County-area alumni
entire community, as an active volunteer leader
engaged in everything from coaching girls’ softball        will be held at BlueStone in Timonium on
and teaching Sunday school to fundraising and              Wednesday, February 3 from 6-8
playing Santa Claus. Pinder’s many contributions to        p.m. There is no charge for UB Law alumni
his local community are the quiet good deeds that          to attend. If you plan on attending, please
characterize a good citizen and an outstanding             RSVP to (410) 837-4468 no later than
attorney most worthy of MSBA’s first Spotlight             Wednesday,            January          27.
Award, wrote Janet Eveleth, MSBA, Maryland Bar             We look forward to seeing you at BlueStone!
Journal.



THE ADVOCATE                                  Page 17                                   NOVEMBER 2009
               Annual Holiday Party
                  & Art Auction
                Thursday, December 3rd                Young Lawyers Annual
                   6:00 - 9:00 P.M.                   Library Party Luncheon
               Sheraton Baltimore North                  December 3, 2009
                903 Dulaney Valley Road                12:00 noon—2:30 pm
                        Towson                       Circuit Court Law Library

  In addition to a wonderful time
   giving holiday wishes to your
   colleagues, there will be a live
                                                      To attend, please bring
        auction to benefit the
                                                  2 NEW CHILDREN’S BOOKS,
BALTIMORE COUNTY BAR FOUNDATION                         or a $10 donation.
                                                 All proceeds will benefit the Baltimore
Over 120 pieces will be offered, some            County DSS Holiday Toy Stores, gift
  beginning bids as low as $65, so               repositories for parents receiving aid to
there will be something for everyone!             select holiday gifts for their children.

                                                     It’s never too early to start
                                                   collecting books at your firm!




                                                       Thank YOU ...
                                                 … to All BCBA Members who
                                              responded to the recent Membership
                                             Survey conducted by the ABA Division
                                             of Bar Services. We had an astonishing
         Full Dinner Buffet                             25.7% response!
              Open Bar
                                              … and CONGRATULATIONS to
                                               PAUL REDMOND who won a gift
       Cash & Carry Purchases
                                                 certificate to The Oregon Grille
          will be available
                                             Restaurant in a random drawing of those
                                                  who responded to the survey.



THE ADVOCATE                       Page 18                                   NOVEMBER 2009
      THE ELVES OF SETTLEMENT COURT,
        WANT TOYS AND MORE TOYS!


Its hard to believe, but it’s almost the time of year
again when the ELVES OF SETTLEMENT COURT,
Judges Brennan and Howe, call upon all of their
former law clerks, all University of Baltimore
School of Law Alumni and anyone else who wants
to experience the joy of giving, to continue the
wonderful holiday tradition with the Sigma Delta
Kappa Law Fraternity of the University of
Baltimore.

              Unwrapped new toys costing between
              $15 and $20 are accepted in the
              Settlement Office during the last two
              weeks of November and the first two
              weeks of December. All you need to
              do is have fun at the toy stores and
              buy your favorite toy or the toy you
wished had been around when you were a youngster.
Please bring your new unwrapped
present(s) to the Settlement Court
Offices on the Fifth Floor of the
Court House by December 10h. Elf
assistant, Mrs. Preis has graciously
agreed to supervise the presents,
(and or the Judge Elves who may be
tempted to play with the new toys),
while they await delivery to the youngsters over the
holidays.

              Photos of the holiday deliveries over
              the recent years are currently posted
              in the Settlement Court Offices. The
              happiness of the recipient youngsters
              as seen in these photos speaks to the
              need.        Historically, the Baltimore
County Bar Association members and court staff
contributed widely to this great cause. It is hoped
that this year’s donation will surpass last year’s
efforts because this year, the list of needy children is
even longer. As always if you are a generous
individual and don’t have the time
to do the shopping, donations by
way of a check is also appreciated.
The Fraternity Members love
shopping for toys with our money
and your attention to this project is
greatly appreciated.

THE ADVOCATE                                               Page 19   NOVEMBER 2009
                           COMMITTEE REPORTS
          The 2008-2009 Committee List is available online at www.bcba.org


               ADR COMMITTEE                                CONSTITUTION & BYLAWS COMMITTEE
            CHAIR, ROBERT H. WOLF                                     CHAIR, STANFORD G. GANN, JR.
    410-685-0990; RHW@ALPERSTEINLAW.COM                           410-321-0600; SGANNJR@LEVINGANN.COM
Please watch this space                           for     Please communicate any issues for consideration and/or
announcement of future program(s).                        review to Chair Stan Gann.


            ADVOCATE COMMITTEE                                      CRIMINAL LAW COMMITTEE
             CHAIR, DAVID F. LUBY                                        CHAIR, WENDY ZERWITZ
        410-823-1800; DLUBY@RMMR.COM                              410-288-9303; WENDY@ZERWITZLAW.COM

Please feel free to communicate any questions and/or      January 15, 2010. 12 noon, Brown Bag Lunch.
concerns with Dave Luby, and to volunteer to write any    Common Parole Issues. Speaker: David Blumberg,
articles.                                                 Director of the Maryland Parole Commission.
                                                          February 4, 2010. 12 noon, Brown Bag Lunch.
          BENCH/BAR COMMITTEE                             Overview of the Safe Surrender Program.
           CHAIR, KEITH R. TRUFFER
      410-823-1800; KTRUFFER@RMMR.COM                     April 7, 2010.       4:30 P.M., Cars, Cops & Stops III.
This Committee meets the second Thursday of every         Speaker: Prof. Byron Warnken.
month, September through June. Please communicate
any issues and/or concerns to Keith Truffer.
                                                                    ENTERTAINMENT COMMITTEE
                CLE COMMITTEE                                          CHAIR, KATHERINE D. FONES
             CHAIR, LARRY J. FELDMAN                            410-821-6565; KFONES@MILESSTOCKBRIDGE.COM
     410-356-6555; FELDMANLAW@VERIZON.NET

November 18, 2009.             8:00 a.m. District Court          Mark Your Calendars NOW
practice update: Procedures, policy and important case
law. Speakers: TBD. Flyer included in this issue.         December 3, 2009. 6:00 P.M. Holiday Party &
                                                          Art Auction, Sheraton Baltimore North, Dulaney Valley
December 10, 2009. 12 noon, Brown Bag                     Road, Towson. Flyer included in this issue.
Lunch. Everything You Always Wanted to Know
About the Chambers Judge. Speakers: Hon. Vicki            January 28, 2010. 6:00 P.M. Annual Black Tie
Ballou-Watts. Flyer included in this issue.               Banquet. Martin’s West.

February 17, 2010.            8:00 a.m. Third Judicial    February 21, 2010. 2:00-6:00 P.M. Bowling
Circuit North: What is expected from us when we travel    Bash! Hillendale Bowling Center.
to Bel Air. Speaker: TBD

March 17, 2010.           8:00 a.m. Annual Case Law
                                                          June 7, 2010. 12 noon Lunch; 1:00 Shotgun Start.
                                                          Annual Golf Outing. Country Club of Maryland.
Update. Speaker: Hon. Joseph F. Murphy, Jr.

April 21, 2010. 8:00 a.m. Administrative Appeals:
Making a Proper Record and Success in the Circuit
Court. Speaker: TBD.


THE ADVOCATE                                          Page 20                               NOVEMBER 2009
                           COMMITTEE REPORTS
      ESTATES & TRUSTS COMMITTEE                                      FEE ARBITRATION COMMITTEE
        CHAIR, ALFRED L. BRENNAN, JR.                                     CHAIR, STEVEN A. ALLEN
   410-687-3434; ALB@BRENNANLAWYERS.COM                                410-938-8800; SALLEN@HPK.COM

November 19, 2009.          5:00 P.M. Guardianships of       Fee Arbitration Rules and Forms are available on
Person and Property. Grand Jury Room. Flyer included         the website (www.bcba.org), Community
in this issue.                                               Resources.

January 28, 2010. 5:00 P.M. Federal Estate Tax,
Capital Gains. Grand Jury Room.
                                                                         HISTORICAL COMMITTEE
                                                                           CHAIR, WILLIAM A. BEALE
March 25, 2010.          5:00 P.M. Nuts & Bolts on                    410-337-2530; WILLBEALE@AOL.COM
Drafting Wills. Speaker: Prof. Angela Vallario. Grand        The Historical Committee encourages submission of
Jury Room.                                                   anecdotes about older members of the Bar and/or judges,
                                                             to be published -- only with attribution -- in The
May 20, 2010.          5:00 P.M. Legislative Update &        Advocate. If you wish to offer such anecdotes, please
Clerks’ Pet Peeves. Grand Jury Room                          forward them to Bill Beale.


          FAMILY LAW COMMITTEE                                            LAW DAY COMMITTEE
                                                                          CHAIR, REBECCA A. FLEMING
         CHAIR, ANTHONY T. BARTLETT
                                                                   410-823-1250; RFLEMING@BODIENAGLE.COM
    410-561-3000; ABARTLETT@MWBLAW.NET

November 16, 2009. 6:00 P.M., Adoptive and                   ABA Law Day Theme: Law in the 21st Century:
Alternative Reproductive Methods for Same-sex                Emerging Challenges and Enduring Traditions.
Couples. Speakers: Carolyn H. Thaler, Esquire and
Margaret “Peggy” E. Swain, Esquire. Christopher                      LAWYER REFERRAL COMMITTEE
Daniel Restaurant. Flyer included in this issue.                         CHAIR, SUZANNE K. FARACE
                                                                    410-821-2910; SFARACE@FSLAWOFFICE.COM
HOLD THESE DATES:
    December 8, 2009. 12 noon.                               Renewal forms were due July 1, 2009 for the new
    December 17, 2009. 12 noon.                              year. Forms were included in the June 2009 issue of
    January 12, 2010. 12 noon.
                                                             The Advocate. They can also be printed from our
    January 26, 2010. 12 noon.
    February 24, 2010. 6:00 P.M.                             website, www.bcba.org (Attorney Resources).
    March 23, 2010. 6:00 P.M.                                Please review the new rules carefully, and make
    April 28, 2010. 6:00 P.M.                                sure to include your legal malpractice insurance
    May 19, 2010. 4:30 P.M.                                  information with your registration forms.

                                                             Lawyer Referral Service now offers online
                                                             scheduling. Panel attorneys can sign up and manage
                                                             their calendar for screening shifts online:

                                                                       http://www.shiftboard.com/bcba




THE ADVOCATE                                             Page 21                                NOVEMBER 2009
                           COMMITTEE REPORTS
    LAWYERS ASSISTANCE COMMITTEE                          MEMORIAL & RECOGNITION COMMITTEE
            CHAIR, JAY D. MILLER                                      CHAIR, NEAL M. BROWN
   410-583-6969; JAYMILLER@MMPLEGAL.COM                    410-821-3509; NBROWN@WARANCH-BROWN.COM
  A CONFIDENTIAL resource for Baltimore County            Please see page 9 for a complete list of those BCBA
         attorneys, assistants and judges.                members who will be honored at this year’s Annual
WE DO NOT KEEP RECORDS. Our sole purpose is               Memorial Service on Tuesday, November 17, 2009,
to provide help. We can assist with providing access to   beginning at 3:30 P.M. Please note, this year’s
treatment facilities and provide emergency practice       service will be held in Ceremonial Courtroom No. 5
management, as well as referrals to professional          located in the Old Courthouse, Second Floor, 400
counselors.                                               Washington Avenue, Towson.
See page 13 for contact information, or email
lap@mmplegal.com. Referrals and contacts are kept
strictly confidential.                                    NEGLIGENCE, INSURANCE & WC COMM.
Please do not hesitate to contact anyone on the                     CHAIR, JUDSON H. LIPOWITZ
committee for assistance, to refer a colleague, or for         410-821-6800; JLIPOWITZ@AGFLAW.COM
general information.
                                                          November 5, 2010.          12:00-1:30 P.M. Litigating
                                                          the Nursing Home Case: An Overview. Grand Jury
  LONG-RANGE PLANNING COMMITTEE                           Room. Speakers: Michael S. Warshaw and Christopher
              CHAIR, JUSTIN J. KING                       M. McNally.
       410-337-3755; JKING2@COMCAST.NET
                                                          January 7, 2010. 12:00-1:30 P.M. Workers’ Comp.
No meetings are currently scheduled for this              Grand Jury Room. Program details TBD.
Committee.
                                                          March 18, 2010.          12:00-1:30 P.M. Medicare Liens
          MEMBERSHIP COMMITTEE                            (WC & liability cases), New Regs, etc. Grand Jury Room.
         CHAIR, LOUIS E. GRENZER, JR.                     Program details TBD.
   410-823-1250; LGRENZER@BODIENAGLE.COM
                                                          May 18, 2010. 12:00-1:30 P.M. Wrongful Death
Recruit, recruit, recruit. Please remember to share       Cases, Beginning to End, and Pitfalls Not Easily
your wonderful experiences and benefits of being a        Noticed. Grand Jury Room. Program details TBD.
member of the BALTIMORE COUNTY BAR
ASSOCIATION with your friends and colleagues. The                    PRO BONO COMMITTEE
Membership Application is available online at http://                CHAIR, MICHAEL L. JEFFERS
www.bcba.org/attorney_resources/                               410-296-6705 X30; MJEFERS@MDLAB.ORG
membership_application.asp.
                                                          The BCBA and the Local Pro Bono Committees meet the
                                                          second Tuesday of every month (September through
                                                          June, except December), 4:30 P.M. at Levin & Gann,
                                                          502 Washington Avenue, Suite 800, Towson. Meetings
                                                          are scheduled for October 13, November 10, 2009,
                                                          January 12, February 9, March 9, April 13, May 11 and
                                                          June 8, 2010.




THE ADVOCATE                                   Page 22                                      NOVEMBER 2009
                            COMMITTEE REPORTS
      PROFESSIONALISM COMMITTEE                                 SOLO & SMALL FIRM COMMITTEE
           CHAIR, STUART A. SCHADT                                      CHAIR, JEFFREY R. SCHOLNICK
     410-296-8870; STUARTSCHADT@AOL.COM                     410-494-9944; JSCHOLNICK@HOODANDSCHOLNICK.COM

This committee will meet at 5:15 P.M. in the Grand                  SOLO & SMALL FIRM LUNCH
Jury Room (County Courts Building) on September 9,
November 18, 2009, January 13, March 10 and May                     TOWSON - THIRD TUESDAY of
12, 2010.                                                                   EVERY MONTH
                                                               12 noon, Greene Turtle Restaurant, York Road
            PUBLIC AWARENESS &                                               No RSVP necessary.
            SPEAKERS COMMITTEE                                    EAST SIDE - Thursday, November 12th
                CHAIR, BAMBI GLENN
                                                                12:30 P.M., Mo’s Seafood, 7600 Eastern Avenue
        410-853-3953; BGLENN@BAMBIGLENN.COM

This Committee is currently handling requests from               NORTHWEST - Meets every other month
Baltimore County schools and senior centers for                        1:00 P.M., Harryman House
speakers on a variety of topics. If you are interested in        Email Victoria Grace to b included in email
volunteering to speak, please contact Bambi Glenn.                          notification of dates
                                                                          vgrace@grace-law.com
        REAL PROPERTY COMMITTEE                                Great networking and referral opportunities!
         CHAIR, BENJAMIN L. POLAKOFF                           Please join us and simply pay for your order.
      410-385-4284; BLP@SHAPIROSHER.COM

November         12,     2009.       12 noon. LEED            STATE, LOCAL LAWS & ZONING COMMITTEE
Certification & Issues. Grand Jury Room. Flyer included                 CHAIR, JENNIFER R. BUSSE
in this issue.                                                     410-832-2000; JBUSSE@WTPLAW.COM

January 14, 2010.             12 noon. Due Diligence        February 4, 2010. 6:00 P.M. Master Plan
Closing Checklists. Grand Jury Room.                        Update. Country Club of Maryland.
March 11, 2010.           12 noon. Title Insurance and
Title Endorsements. Grand Jury Room.
                                                            April 28, 2010. 6:00 P.M. TBD. Country Club of
                                                            Maryland.
May 13, 2010.            12 noon. Property and Casualty
Insurance Issues, including indemnification and relevant    June 3, 2010. 6:00 P.M. A View From The
provisions in leases. Grand Jury Room                       Benches. Country Club of Maryland.
September 9, 2010. 12 noon. Legislative Update,
Reverse Mortgages and Creative Financing. Grand Jury                  TECHNOLOGY COMMITTEE
Room.                                                                   CHAIR, ADAM M. SPENCE
                                                                  410-823-5003; ADAM@SPENCEFIRM.COM
                                                            December 1, 2009.           12 noon. Software for Trial
                                                            Attorneys. Brown Bag Lunch, County Courts Building,
                                                            Grand Jury Room. Flyer included in this issue.




THE ADVOCATE                                    Page 23                                       NOVEMBER 2009
                           COMMITTEE REPORTS
       YOUNG LAWYERS COMMITTEE                           March 7, 2010. 2:00-6:00 P.M. Annual Bull &
           CHAIR, CHRISTINE S. BRITTON                   Oyster Roast and Silent Auction. Towson American
 410-581-2587; CHRISTINE_S_BRITTON@PROGRESSIVE.COM       Legion.

Running Club. Wendy Sare and the YLC have                March 25, 2010. 5:00 P.M. Joint Meeting w/
organized an official BCBA RUNNING CLUB. The             Estates & Trusts Committee. Nuts & Bolts on
details are posted on our website (www.bcba.org) on      Drafting Wills. Speaker: Prof. Angela Vallario.
the home page under Young Lawyers. Please email          Grand Jury Room.
Wendy (wendy.sare@verizon.net) if you are                April 2010. 12 noon. Chamber Chat.
interested in participating.
                                                         May 2010. Happy Hour!
December 7, 2009. Jingle Bell Run — our
inaugural event !!

BCBA Run will celebrate its first running
anniversary by participating once again in the
Jingle Bell Run on Sunday, December 6 at 9AM,
DuBurns Arena, 1301 S. Ellwood Street, Baltimore,
MD 21224

Here is the link to register – it is easiest to do it
by visiting our own personal team webpage first!

http://BaltimoreJingleBellRun.kintera.org/
bcbarun Click on Join Our Team and register
from there

Please let me know when you sign up! We
cannot wait to see all of you there and to see the
returning runners crush their times from last
year!                                                    On a hot and humid day with temperatures well into
                                                         the 90s, the BCBA Run Team ventured to Boordy
Details to follow on training runs and celebratory       Vineyards for its annual 5k on Sunday August 9, 2009.
times!                                                   Despite the weather, the runners had times ranging
                                                         from under 25 minutes to just over 30 minutes. The
November 10, 2009. 12 noon. Chamber Chat                 race was broken down into three sections: vineyards,
w/District Court Judge Darryl G. Fletcher.               road, and vineyards. The race began at Boordy and
                                                         the runners had to navigate tall grass through a section
December 3, 2009. 12:00-2:00 P.M. Holiday                of one of its vineyards. The course then opened up to
Library Party. Flyer included in this issue.             Long Green Pike. The 5k finally returned to the same
                                                         section of the vineyards and the finish. All the runners
January 20, 2010. 3:30 P.M. New Admittees                agreed that contending with the heat and sweltering
Swearing In Ceremony. County Courts Building.            humidity were the biggest hurdle for the race. Upon
                                                         completion of the race, the runners and spectators
February 2010. 12 noon. Chamber Chat w/                  were able to enjoy wine, live music, and a picnic at
Orphans Court Judge(s).                                  Boordy.


THE ADVOCATE                                   Page 24                                      NOVEMBER 2009
                                   CRIMINAL LAW UPDATE
                                                    by Robert C. Lidston


The October Amicus features three Court of Appeals             did not overshadow these instructions and shift the burden
decisions which may be of interest to practitioners.           to the defendant.

Mitchell v. State, No. 11, September Term, 2008, filed         Robinson v. State, No. 109, September Term, 2008, filed
April 16, 2009 (opinion by Greene, J.). Mitchell went on       July 28, 2009 (opinion by Barbera, J.). Robinson was to be
trial before a jury for attempted murder and related           tried before a jury in Caroline County on charges of
offenses. Prior to trial, the State’s Attorney identified a    attempted robbery and other offenses. During voir dire, a
number of possible witnesses, none of whom were                potential juror told the court that he could not decide the
actually called to testify. As part of his closing argument,   case impartially because he had overheard a group of four
Mitchell’s attorney noted to the jury that these witnesses     or five people discussing the case in the hallway. While he
had not been called and argued that the State had the          did not say what he had heard, he stated that the people he
burden to present all of the evidence to the jury. The         overheard talking about the case might have been
prosecutor told the jury that Mitchell’s attorney had the      witnesses. The potential juror was dismissed and the jury
same power to subpoena witnesses and argued that if the        was selected and sworn. As the trial began, the trial judge
witnesses were so important that Mitchell’s attorney           told the spectators in the courtroom not to discuss the case.
should have called them. The Defense objected to the           The judge ordered the spectators to stay in the courtroom
State’s Attorney’s statements, contending that these           except during specified break times.
statements improperly shifted the burden to the defendant
to produce evidence.                                           The judge also learned that members of Robinson’s family
                                                               may have been trying to intimidate witnesses. After
The trial judge overruled the Defense’s objection and          discussing the matter before the prosecutor, defense
opined that defense counsel had opened the door to the         attorney, and Robinson, the judge ordered the members of
prosecutor’s remarks. On appeal, COSA held that the            Robinson’s family and at least two other people to leave the
State’s Attorney’s statement was a "satisfactorily tailored    courtroom. Neither the State nor Robinson objected to that
invited response" to the Defense’s "attempt to exploit         order. The jury found Robinson guilty of armed robbery.
weaknesses in the State’s case." The Court of Appeals          He appealed to COSA contending that his constitutional
granted cert to respond to the question: Did the State’s       right to a public trial was violated when the judge excluded
closing argument improperly shift the burden of proof?         his family and other spectators from the courtroom. The
                                                               Court of Appeals granted certiorari on its own before
The Court affirmed the conviction. It examined the             COSA ruled.
matter under two theories: "invited response" and
"opened door." It rejected the State’s "invited response"      The conviction was affirmed. The Court decided that
argument, deciding that in order for that doctrine to          Robinson waived his right to a public trial when he did not
apply, the prosecutor’s statement would have to be in          object to the ejection of his family and other spectators
response to improper statements by the Defense. It was         from the courtroom. The Court noted, however, that before
not improper for the Defense to call the attention of          ordering the spectators out of the courtroom, the trial judge
jurors to possible weaknesses in the State’s case. It          did not comply with the standard for closing the courtroom
upheld the conviction under the Motion of the "opened          to the public, as set forth in Waller v. Georgia, 467 U.S. 39,
door." The Court found that it was a matter of                 (1984). Waller requires that before a courtroom can be
fundamental fairness to allow the State to respond to the      closed to the public, four factors must be present: (1) the
Defense’s criticism. The State’s comments were narrowly        party seeking to close the hearing must advance an
tailored to answer the Defense’s implication that the          overriding interest that is likely to be prejudiced; (2) the
witnesses were intentionally kept away from the trial.         closure must be no broader than necessary to protect that
                                                               interest; (3) the trial court must consider reasonable
The Court observed that both the Defense and the trial         alternatives to closing the proceeding; and (4) the trial court
judge instructed the jurors that the State had the burden      must make findings adequate to support the closure.
of proof beyond a reasonable doubt. The trial judge also
had told the jurors that closing arguments are not to be       The Court observed that the right to a public trial is a
considered as evidence in the trial. The State’s Attorney’s    fundamental constitutional right but concluded that that
remarks about the Defense having the power to subpoena         right may be waived by a failure to object. Robinson’s

THE ADVOCATE                                       Page 25                                             NOVEMBER 2009
                                   CRIMINAL LAW UPDATE
                                                       Continued ...


failure to object failed to preserve his review under         the possibility of parole. He again asked Brye if he wished
Maryland Rule 8-131(a) of the trial judge’s non-              to represent himself at trial. Brye said that he did and the
compliance with Waller. The Court rejected the notion         trial judge accepted his waiver of counsel. Brye moved for
that he was entitled to review of the closure order           a dismissal of his charges and his motion was denied. He
because the deprivation of the right to a public trial is a   then asked for a clarification of the charges against him.
"structural error," not subject to review for harmless        The trial judge informed him erroneously that both
error.                                                        handgun charges had a maximum penalty of five years.
                                                              After his jury trial, Brye was convicted of only the second
The Court also said that it did not want to exercise its      degree assault count against him and was sentenced to ten
discretion to address the unpreserved error because there     years.
was a possibility that Robinson had failed to object by
design. Had he objected, the Waller analysis might well       Through counsel, Brye appealed to COSA. He contended
have been made by the trial judge once the deficiency         that the trial court had erred by accepting his waiver of
was brought to his or her attention.                          counsel after failing to advise him of the nature of the
                                                              charges and the allowable penalties, as required by
Brye v. State, No. 127, September Term, 2008, filed           Maryland Rule 4-215(a)(3). COSA affirmed his conviction,
September 18, 2009 (opinion by Harrell, J.). As the result    opining that any erroneous advisements Brye received
of a fight among three men, Brye was charged in               about the penalty for the handgun charges did not warrant
Baltimore County with first degree assault, use of a          reversal because those erroneous or conflicting advisements
handgun in the commission of a crime of violence, use of      related only to charges for which Brye was not convicted.
a handgun in the commission of a felony, false                Further, Brye had made a knowing and intelligent waiver of
imprisonment, and possession of marijuana. He appeared        counsel with regard to the only charge for which he was
for arraignment in the circuit court without counsel. The     convicted, second degree assault. He had been correctly
arraigning judge told him of the charges and the penalties    advised before trial of the maximum possible penalty for
he faced. The judge erroneously informed Brye that the        that charge. The Court granted Brye’s petition for certiori.
possible penalty for use of a handgun in the commission
of a crime of violence was twenty-five years without          The matter was reversed and remanded for a new trial.
parole. This crime, of course, carries a maximum penalty      Maryland Rule 4-215 is specific as to how a judge should
of twenty years with a mandatory minimum of five years        conduct a waiver inquiry that will safeguard the
without parole.                                               defendant’s constitutional right to counsel and provide him
                                                              with the necessary information to make a decision about
On Brye’s scheduled trial date, his public defender asked     self-representation. The Court held that a trial judge must
for a postponement from the administrative judge. Brye        strictly comply with subsection (a)(3) of the Rule to make
objected to the postponement. The judge told him that he      certain that a defendant is aware of all pending charges and
was facing ten years without the possibility of parole for    possible penalties before accepting a defendant’s waiver or
first degree assault and that the State had only recently     discharge of counsel. Rule 4-215(a) advisements may be
notified defense counsel about the enhanced penalty           given properly to a defendant by different judges of the
being sought. Brye said that he was ready for trial           same court on a piecemeal basis. However, requirements of
because he had been "incarcerated since March" and that       the Rule are mandatory and the advisements must be
if defense counsel was not ready at that time, then he        accurate and consistent in substance. Failure to comply
would "never be ready." The administrative judge told         strictly with rule 4-215 is reversible error.
him that he would have to waive his right to an attorney
if he wanted to go to trial that day and that he "could get   After reviewing the confusing and conflicting advisements
up to twenty-five years in this case." Brye announced that    in the Brye matter, the Court expressed little confidence
he wanted to represent himself.                               that he had a clear understanding of the nature of the
                                                              charges and the possible penalties when he waived his right
At trial that afternoon, another judge correctly informed     to counsel. At his first appearance, Brye had been told that
Brye of the penalties for first and second degree assault.    he faced twenty years for one of the handgun violations and
That judge, however, misstated the maximum possible           twenty-five years for the other. At his next appearance, he
penalties for the handgun violations as five years without    was told that he faced up to twenty-five years "in this case."

THE ADVOCATE                                      Page 26                                            NOVEMBER 2009
                                                              Family Law Meet & Greet - September 23, 2009
   CRIMINAL LAW UPDATE                                                Towson Golf & Country Club
                       Continued ...

Immediately before his trial began, Brye was informed by
the trial judge that the maximum penalty he faced for a
handgun violation was five years. While a layperson may
be expected to comprehend accurate advisements given
cumulatively at separate appearances, a layperson cannot
be expected to be able to discern from a series of
conflicting and sometimes incorrect advisements which is
the correct information.

The Court explained that a trial judge’s failure to provide
the 4-215(a)(3) advisement makes a defendant’s "waiver
of counsel ineffective" and requires reversal. Incorrect      Lisa Mervis, Judge Judy Ensor, Craig Smith and
advisements mixed with correct ones, rendered by a                            Suzanne Farace
series of judges, cannot be ignored just because a
defendant is not convicted of the implicated charge or
charges. The point to focus the analysis of a rule 4-215
argument is when in the proceeding the waiver is
accepted not what happened at trial.




                                                               BCBA President Bud Clark, Rob Erdman and
                                                                         Judge Sherrie Bailey




                                                                  Sam Englehart, Master Terri Beck and
                                                                        Judge Mickey Norman

THE ADVOCATE                                       Page 27                                 NOVEMBER 2009
                                           Co-Sponsored by the
                                     Baltimore County Bar Association




    ADVANCE REGISTRATION
        EXTENDED TO
        NOVEMBER 5TH




THE ADVOCATE               Page 28                         NOVEMBER 2009
       THE NEW DISCOVERY RULES - ONE YEAR LATER
                                                by Wendy A. Zerwitz


In 2008 the Court of Appeals adopted new discovery        timely! Rule 4-343 is the new Death Penalty Rule and
rules for criminal cases. Richard Karceski, Esquire is    sets forth additional facts which the State must prove
a member of the Rules Committee and last year he          beyond a reasonable doubt for the death penalty to be
and Baltimore County State’s Attorney, Scott              imposed. Rule 4-701 thru 4-711 deal with post-
Shellenberger, spoke on how the new rules were            conviction DNA testing. If a defendant has been
being applied in Baltimore County. As the rules have      convicted of one of the specifically listed violent
now been in effect for a little over a year, they spoke   crimes, and the conviction predates the scientific
again on how the rules have changed the practice of       evidence now being used, the defendant can request
criminal law in Baltimore County.                         DNA testing. Rule 4-214 deals with when an attorney
                                                          can represent multiple defendants in a single case. The
Scott came with an excellent power point                  Trial Judge is now obligated to advise the Defendants of
presentation. He outlined the items which now must        their right to separate counsel. Rule 4-327 addresses
be produced to the defense without a discovery            inconsistent verdicts and Counsel’s obligation to object
request and what must be produced upon a written          to same. Rule 4-322 lists the requirements for admitting
request from the defense. Maryland Rule 4-262             recordings into evidence.
covers discovery in District Court and Maryland Rule
4-263 covers discovery in Circuit Court.                  On behalf of the Criminal Law Committee, a huge
                                                          thank you to Scott and Rich for participating in this
It was generally agreed by those in attendance that       program.
Baltimore County does an excellent job in providing
discovery in District Court. Baltimore County is one
of the few jurisdictions which does not charge for its
discovery and they mail it to the defense. Rich
                                                                     11th Annual
brought up that the issue has been raised before the      MSBA Solo and Small Firm Conference
Rules Committee as to what it means to "deliver"
discovery to the defense as some jurisdictions require                  Friday & Saturday
defense counsel to come to their office to get the                     November 6 & 7, 2009
discovery. Although Baltimore County was praised
for their compliance with District Court discovery,                   New Location: BWI Hilton
there was some lively discussion regarding discovery
requests in Circuit Court. Baltimore County refuses to                                Help Your
provide the defense with addresses for the State’s
witnesses. Additionally, the issue was raised as to the                              Practice Soar
State’s obligation to discover whether one of their
witnesses has a relationship with their office or any                                  Register Online at
other State’s Attorney’s Offices. It is the Baltimore                                   www.msba.org
County State’s Attorney’s Office’s position that their                               or call 410-685-7878
obligation does not extend outside their jurisdiction.                           (Pat Yevics, Director, LOMA)
Scott was quick to point out that if there is ever a
problem with discovery in a specific case, the easiest
way to resolve it is to pick up the phone! Rich also      • Making Your Case with a Better Memory
added that if there are particular problems within a      • Reinventing Your Practice with New Technology
jurisdiction regarding any of the rules, you can                 and Improved
contact the Rules Committee.                              Ideas                      ALL sessions will be video-
                                                                                       taped for viewing online
                                                          • Legal Practice Topics     following the Conference!
Scott and Rich also shared with us rules which were       • Software Showcase        Available ONLY to attending
adopted the day before our program-talk about being       • Tech for the Rest of Us           members.


THE ADVOCATE                                   Page 29                                        NOVEMBER 2009
             BCBA GROUP ADMISSION TO THE UNITED STATES SUPREME COURT
                                 October 6, 2009




  Wendy Sare Meadows, Michael J. Pappas, Adam T. Sampson, Stuart N. Braiterman, Robert K. Erdman,
 Robert L. Hanley, Jr., Craig J. Little, Congressman Dutch Ruppersberger, C. William Clark, Sarah N. Koop,
                          Jonathan M. Herbst, Michael W. Siri and Diana B. Denrich

The Baltimore Bar Library invites all the members of the Baltimore County Bar to join the Library and
enjoy all the rights & privileges of membership in one
of the most outstanding membership law libraries in
the country. Membership benefits include:

Circulating Collections (over 100,000 volumes)

Free Unlimited Westlaw
E-Mail & Faxing Of Material
Scanning Services
Use Of The Library’s Magnificent Rooms
Personalized Reference
MVA Searches
Online Catalog
Weekend & Evening Hours
Speaker & Movie Series

The Library is in business for one reason: to provide the practicing Bar with what they need. Our
collections, which are growing, not being eliminated, can be used at the Library, or in your office. The
choice is yours. Send a messenger. Why buy it when you can borrow it from us.

Questions: Call Joe Bennett at 410-727-0280 or e-mail at jwbennett@barlib.org. Visit the Library Web Page
at www.barlib.org where you can find information about the Library as well as a membership application.


THE ADVOCATE                                 Page 30                                      NOVEMBER 2009
                                         INDEX OF ADVERTISERS

Baltimore Bar Library                410-727-0280          jwbennett@barlib.org ……………………           30
Baltimore County Savings Bank        410-256-5000          www.baltcosavings.com …………………           7
Bay National Bank                    410-494-2580          www.baynational.com …………………..           4
Creative Dispute Resolutions, LLC    301-977-8002          www.creativedisputeresolutions.com ……   11
Nicholas J. Del Pizzo III, Esquire   800-BANKRUPT          njdelpizzo@aol.com ……..………………           13
Dugan Babij Tolley LLC               410-308-1600          www.medicalneg.com ……………………             19
Dr. Richard B. Edelman               800-257-8626          www.economic-analysis.com ……………         32
Gore Brothers Rptg & Videoconf.1     410-837-3027          www.gorebrothers.com ……………..……          10
ICS-Insurance, Inc.                  410-517-3925          www.ICS-Insurance.com ……………..….         6
Lawyers Assistance Program           410-583-6969          lap@mmplegal.com ………………………              9
Legal Images of Baltimore, LLC1      410-727-0505          www.legalimagesofbaltimore.com ………      31
Judge Dana Levitz                    410-456-4436          …………………………………………….                      13
Litigation Graphics2                 410-828-8595          www.executiveexhibits.com …………….        10
McCammon Group                       888-343-0922          www.McCammonGroup.com ……………             2
Multi-Specialty Healthcare2          888-807-2778          www.multi-specialty.com …………..……        10
Next Level Technology2               410-453-5500          www.nl-tech.com ………………………...            27
Matt Paavola, Esquire                410-574-8000          Matt@myworkerscomplawfirm.com ……..      13
Susquehanna Wealth Management        410-316-0239          sean.kilcoyne@susquehanna.net ………….     2


1                                    2                           3
    Annual Platinum Sponsor              Annual Gold Sponsor         Annual Silver Sponsor


       When you contact an advertiser, please let them know where you saw their ad. Thank you.

THE ADVOCATE                                   Page 31                                   NOVEMBER 2009
The Baltimore County Bar Association                                                             PRESORTED STANDARD
                                                                                                  U.S. POSTAGE
The ADVOCATE                                                                                           PAID
                                                                                                  Baltimore, MD
100 County Courts Building
401 Bosley Avenue                                                                                 Permit No. 1262
Towson, MD 21204-4491




        Published monthly by the                                                     HOUSE FOR RENT
   Baltimore County Bar Association                                          Beautiful 4-bedroom, 2.5 baths, Cape
         VOLUME XIX, NO. 4                                                   Cod, 6312 LaGrange Lane, 21212.
            November 2009                                                    Five minutes from Towson. CAC,
                                                                             renov Kitchen, quiet street, private
        FLYERS INSIDE                                                        drive, detached two-car garage. Great
                                                                             school district, single family home w/
                                                                             yard, basketball court. Immaculate
     November 12, 1009                                                       condition. 443-986-3218.
  LEED Certification & Issues
                                                                               OFFICE SPACE AVAILABLE
      November 16, 2009
                                                                             Prime location across from Circuit
    Adoptive and Alternative                                                 Court, overlooking courthouse
 Reproductive Methods for Same-                                              gardens. Includes spacious office and
          sex Couples                                                        secretarial space, plus use of law
                                                                             library, conference rooms, copier, etc.
                                                                             Sharing of secretarial services
       November 18, 2009                                                     available. Please call 410-823-8500.
  District Court practice update
                                                                             One-attorney office space avail, 5500
     November 19, 2009                                                       blk Harford Road. Share of reception,
                                                                             kitchen/file room, conference room,
  Guardianships of Person and
                                                                             etc. Free parking. Call 410-922-9456.
           Property                        Program handouts and
                                        podcasts are available on our        Office available in beautiful law
        December 1, 2009                 website (www.bcba.org),             office suite across from old
                                                                             courthouse. Everything you need:
   Software for Trial Attorneys            Members Only Area.                copier, scanner, fax, phone, computer,
                                                                             conference room. Referrals possible.
       December 3, 2009                                                      Joe Williams or Bobby Waddail, 410-
Young Lawyers Library Luncheon                                               938-8666.
                                            Bar Association Office
                                       Doris D. Barnes, Executive Director   Office space avail July 1 in
       December 3, 2009                   Telephone: (410) 337-9103          downtown Towson high-rise office
   Annual Holiday Party & Art              E-Mail: doris@bcba.org            building, parking avail. Space for
           Auction                                                           support staff, access to conf rooms,
                                          Rachel Ruocco, LRS Director        shared T-1 line, copier, fax, e-mail
                                          Telephone: (410) 337-9102          address(es), scanner and lunch room.
       December 10, 2009
                                           E-Mail: rachel@bcba.org           Call Jeannette Yocum, 410-583-2400
Everything You Always Wanted to                                              or yocum@bowie-jensen.com.
Know About the Chambers Judge            Website: http://www.bcba.org
                              BALTIMORE COUNTY BAR ASSOCIATION
                                            REAL PROPERTY COMMITTEE
                                           Thursday, November 12, 2009
                               LEED CERTIFICATION, “GREEN” LEASING,
                                 CONSTRUCTION AND RELATED ISSUES

SPEAKERS                        Tami P. Daniel, Esquire
                                Joshua E. Neiman, Esquire
                                Francie Cohen Spahn, Esquire
PROGRAM CHAIR                   Benjamin L. Polakoff, Esquire
DATE                            Thursday, November 12, 2009
TIME                            12 noon - Brown Bag Lunch
LOCATION                        Grand Jury Room, County Courts Building
                                401 Bosley Avenue, Towson

Please join us for an informative discussion of the issues surrounding the green building
movement, including LEED certification, LEED issues in construction contracts, and the
drafting of “green” leases.


                     This is a FREE program to all BCBA Members.
                                 Non-Members, $15.00.

        Please bring your own lunch. Beverages and dessert will be available.
         Handouts will be provided, and will also be available electronically.

       Real Property Committee - LEED Certification, “Green” Leasing, Construction, etc.
                                Thursday, November 12, 2009

Name                                            Telephone

Address

City                                            State                   Zip

Email                                           Amount Enclosed
REGISTER ONLINE at www.bcba.org, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA.
                                  Baltimore County Bar Association
                                               FAMILY LAW COMMITTEE
                               Adoption and Assisted Reproductive Technology Law
                                             Monday, November 16, 2009

SPEAKERS                        Carolyn H. Thaler, Esquire
                                Margaret “Peggy” E. Swain, Esquire
PROGRAM CHAIR                   Toni S. Boettcher, Esquire
DATE                            Monday, November 16, 2009
TIME                            6:00 P.M. Cash Bar; 6:45 P.M. Dinner
LOCATION                        Christopher Daniel Restaurant
                                106 West Padonia Road, Timonium
COST                            $40.00 per person

An overview of the current trends in adoption and assisted reproductive
technology law, including the status of second parent adoptions.
                                       MENU CHOICES
                                         (Pick one)
                            Petite Filet Mignon w/Balsamic Red Wine Sauce
                   Roasted Breast of Chicken w/Caramelized Garlic Balsamic Glaze
                                     Broiled Jumbo Lump Crab Cake
                 Includes Garden Salad, Red Bliss Potatoes, Green Beans Almandine,
               Rolls, Butter, Coffee, Tea and Dessert (Raspberry Sorbet w/Fresh Berries)


        Family Law Committee - Adoption and Assisted Reproductive Technology Law
                              Monday, November 16, 2009
                   Menu Choice:

Name                                            Telephone

Address

City                                            State                   Zip

Email                                           Amount Enclosed

Return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue,
Towson, MD 21204, with check payable to the BCBA, register online at www.bcba.org (Calendar of Events).
                                  Baltimore County Bar Association
                                  CONTINUING LEGAL EDUCATION PROGRAM
                                           District Court Practice Update
                                          Wednesday, November 18, 2009
                                                8:-00-9:00 a.m.



SPEAKERS                        Hon. Sally C. Chester & Hon. Philip N. Tirabassi
                                District Court for Baltimore County

PROGRAM CHAIR                   Wayne M. Willoughby, Esquire

DATE                            Wednesday, November 18, 2009

LOCATION                        County Courts Building, 401 Bosley Avenue, Towson
                                Check-in at Bar Office for Courtroom Location

COST                            BCBA Members, $10.00; Non-Members, $15.00


Judges Chester and Tirabassi will explain what new practices, policies and
important case law have come out of the Baltimore County District Court, and
answer your questions about District Court practice.

                Danish and coffee will be available at 7:45 a.m. in the Bar Office.


                      CLE Program - District Court Practice Update
                            Wednesday, November 18, 2009

Name                                            Telephone

Address

City                                            State                   Zip

Email                                           Amount Enclosed
REGISTER ONLINE at www.bcba.org, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA.
                                  Baltimore County Bar Association
                                          ESTATES & TRUSTS COMMITTEE
                                             Roundtable Discussion:
                                       Guardianship of Person and Property
                                           Thursday, November 19, 2009
                                                    5:00 P.M.
                            The Nuts and Bolts of Guardianships
                             The Good, The Bad and The Ugly
SPEAKERS
                The Court’s Perspective
                            Hon. Ruth Ann Jakubowski
                            Judge, Circuit Court for Baltimore County
                            Christine Shoobridge, Trust Clerk
                            Circuit Court for Baltimore County
                Panel
                            Susan Affleck-Bauer, Esquire
                            W. Michael Seganish, Esquire
                            Richard B. Stofberg, Esquire

PROGRAM CHAIR                   Richard K. Abraham, Esquire

LOCATION                        Grand Jury Room, County Courts Building
                                401 Bosley Avenue, Towson


                     BCBA Members, FREE; Non-Members, $15.00

          Estates & Trusts Program - Guardianship of Person and Property
                           Thursday, November 19, 2009

Name                                            Telephone

Address

City                                            State                   Zip

Email                                           Amount Enclosed
REGISTER ONLINE at www.bcba.org, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA.
                                  Baltimore County Bar Association
                                            TECHNOLOGY COMMITTEE
                                         SOFTWARE FOR TRIAL ATTORNEYS

                                              Tuesday, December 1, 2009



SPEAKER                 Adam M. Spence, Esquire

TIME                    12 noon - 1:30 P.M., Brown Bag Lunch

LOCATION                Grand Jury Room
                        Circuit Court for Baltimore County


Attendees will learn about software programs that can help them present the best case
possible for their clients, whether at mediation or trial or in between. This seminar will
feature several software programs readily usable by the solo or small firm
litigator. Software covered will include knowledge management software, deposition
presentation and management software, exhibit presentation and summarization
software, and opening/closing argument software.

                          BCBA Members, FREE. Non-Members, $15.00
                                  Pre-registration required

             Please bring your own lunch. Beverages and dessert will be available.



                        Technology Committee - Software for Trial Attorneys
                                      December 1, 2009

Name                                              Telephone

Address

City                                             State                            Zip

Email________________________________

Return this form, via mail to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley
Avenue, Towson, MD 21204; or register online at www.bcba.org (Calendar of Events)..
BALTIMORE COUNTY
 BAR ASSOCIATION
                The Young Lawyers Committee
              and the Circuit Court Law Library
                  Cordially invite you to the
               Annual Library Party Luncheon
                    Thursday, December 3rd
                     12:00 pm - 2:30 pm
                  Circuit Court Law Library




     To attend, please bring 2 NEW CHILDREN’S BOOKS,
                        or a $10 donation.
 All proceeds will benefit the Baltimore County DSS Holiday Toy Stores, gift
 repositories for parents receiving aid to select holiday gifts for their children.
                  BCBA YOUNG LAWYERS ANNUAL LIBRARY PARTY LUNCHEON
                               Thursday, December 3, 2009
Name                                                   Telephone

Address                                                City, State, Zip

Amount Enclosed $

Unfortunately, I cannot attend. Please accept my donation in the amount of $                                  .
Return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue,
Towson, MD 21204, along with a check payable to Baltimore County Bar Foundation, or register and pay with
credit card online at www.bcba.org.
We strongly encourage members to set up donation boxes at their offices so those people who are not able to
attend can still donate books. This event is the largest donor of books to this effort, and more people are in need of
assistance every year. Thank you for your continued assistance!           Christine Britton, YL Chair
     BALTIMORE COUNTY
      BAR ASSOCIATION
                                Annual Holiday Party
                                   & Art Auction
                              Thursday, December 3rd
                                 6:00 - 9:00 P.M.
                             Sheraton Baltimore North
                         903 Dulaney Valley Road, Towson
                                            Tickets, $60.00
                                        Three-Hour Open Bar
                                    Vegetable and Cheese Displays
                               Sirloin of Beef w/House Made Demi Glace
                                  Flounder Filet Stuffed w/Spinach and
  Art Auction to                   Mushrooms, w/Lemon Beurre Blanc                                 Tickets will be
   benefit the                     Penne Pasta w/Choice of Pesto and                            returned to you, and
                                              Alfredo Sauce                                     MUST BE presented
Baltimore County                     Potato and Seasonal Vegetables
 Bar Foundation                                                                                    at the door for
                                          Fresh Rolls and Butter                                     admission.
                                          Chef’s Dessert Showcase
                                           Coffee, Tea and Soda


                         This event is open to attorneys and non-attorneys.

          BCBA ANNUAL HOLIDAY PARTY & ART AUCTION (to benefit the Bar Foundation)
                               Thursday, December 3, 2009
     Name                                               Telephone

     Address                                            City, State, Zip

     Amount Enclosed $                                 Name on Table
       PLEASE help us keep costs down, by providing a self-addressed, stamped
                     envelope for return of admission tickets.
     Return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Tow-
     son, MD 21204, along with a check payable to BCBA, or REGISTER ONLINE.
                                  Baltimore County Bar Association
                                  CONTINUING LEGAL EDUCATION PROGRAM
                                       Everything You Ever Wanted to Know
                                           About the Chambers Judge
                                           Thursday, December 10, 2009
                                               12 noon - 1:30 P.M.


MODERATOR                       Hon. Vicki Ballou-Watts

SPEAKERS                        Hon. Judith C. Ensor & Hon. Robert E. Cahill, Jr.

PROGRAM CHAIR                   Joseph I. Tivvis, Jr., Esquire

LOCATION                        County Courts Building, 401 Bosley Avenue, Towson
                                Check-in at Bar Office for Courtroom Location

COST                            BCBA Members, $10.00; Non-Members, $15.00

The speakers will identify the matters which are appropriate for the Chambers Judge to
consider. They will also discuss the proper procedures for counsel seeking Ex Parte Relief,
“Emergency” Hearings, and Temporary Restraining Orders. The importance of scheduling
certain chambers matters will be explained. Common mistakes found in Motions to Strike
Appearance of Counsel, Requests for Orders of Default, and Motions for Alternative Service
will be covered. We plan to have at least 10-15 minutes for Q&A at the conclusion of the
program.



                               CLE Program - Chambers Judge
                                Thursday, December 10, 2009

Name                                            Telephone

Address

City                                            State                   Zip

Email                                           Amount Enclosed
REGISTER ONLINE at www.bcba.org, OR return this form to the Baltimore County Bar Association, 100 County
Courts Building, 401 Bosley Avenue, Towson, MD 21204, with a check payable to the BCBA.

								
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