February 2016 - Bar Association of Montgomery County Maryland
Transcription
February 2016 - Bar Association of Montgomery County Maryland
The Bar associaTion of MonTgoMery counTy, MD N Volume 63, Issue 8 Inside This Issue 3 Current Update 10 12 14 15 19 Committees/Sections 28 Pro Bono Committee/Section Registration Form Legal Ethics A Balancing Act ... Techlectic Center Bar Foundation Insert CLE Insert 29 30 31 34 35 Back Cover Specialty Bar Associations Rent/Lease Ads Attorney Opportunity Ads States Attorney Schedules Judges Schedules Calendar R EWSLET TE Pride in Membership, Leadership in Justice www.barmont.org PRESIDENT’S MESSAGE By Lynn Caudle Boynton My mother used to say “ You reap what you sow.” It was a few years before I realized she was quoting from the Bible. Good source, wise woman, my mother. Our members have planted many seeds and we are reaping the benefits…in so many ways. Allow me to share just some of the many things I am thankful for that would not have occurred but for the generous contributions of our members. Although it is not possible to provide an all inclusive list of every person who deserves credit, allow me make you aware of some recent events or actions of note. I am truly thankful for: The over 60 attorneys involved in creating and presenting the Creating and Improved Tomorrow (C-IT) presentation on Heroin, Opioids and Synthetic Drugs to over 6000 students in 6 public high schools and PTA’s; and The police officers, school staff and faculty members who have facilitated the C-IT program; and The generous financial donations from members to C-IT which will fund Public Service Announcement and Essay contests, Mock Trials and the culminating event at the courthouse at the end of the school year; and The 3 members who agreed to be co-chairs of the BAMC Speakers Bureau; Magistrate Jim Bonifant, Ed Tydings, Esq., and Steve Chaikin, Assistant State’s Attorney, they will be in charge of coordinating and taking the C-IT program to middle and high schools, PTA’s, and other entities throughout the county; and Planet Depot for videotaping our C-IT presentations so they can be shared far and wide; please feel free to see the presentations for yourselves at this link: http://tinyurl.com/grzrqmt; and Our Drug Court Judges Nelson Rupp and Joseph Quirk and staff for volunteering to run this uniquely successful program over and above their usual duties; and The judicial candidates for enduring the application process, the BAMC Judicial Selections (Continued on page 4) February 2016 BAR LUNCHEON SCHEDULE February 2, 2016 Speaker: Alvin Frederick, Esquire Topic: “5 Ways to Avoid Finding Yourselves Before the Attorney Grievance Commission” March 1, 2016 April 5, 2016 Rockville United Methodist Church 12:15p.m. - 1:00p.m. If you have a dietary restriction that requires a special meal, please contact Cindy at [email protected] at least 1 week prior to the luncheon. Please indicate what type of dietary restriction you have. SAVE THE DATE ... 2016 Annual Meeting & Law Day Celebration Friday, April 22, 2016 See Registration In This Issue FOR YOUR INFORMATION Bar Association ... Main Line ... (301) 424-3454 Julie Maria Cindy } Monika Ana Yesenia Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected] Office Manager/LRS Supervisor . . . . . . . . . . . . . . . . . . . [email protected] Association Administrative Assistant . . . . . . . . . . . . . . . . [email protected] ............................................. [email protected] Lawyer Referral Service Operator . . . . . . . . . . . . . . . . . . Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected] Bar Foundation CLE Seminars and Events Coordinator . . . . . . . . . . . . . . . . [email protected] (301) 424-3453 (301) 424-7040 (301) 762-8376 (301) 424-6351 (301) 279-9100 (301) 424-7040 (301) 340-2534 Pro Bono Program Client Intake Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7651 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7652 The following staff listing is not for public information. It is for attorney use only. Debbie Program Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 762-5831 [email protected] Jennifer Office Administration / Client Coordination . . . . . . . . . . (301) 424-2706 [email protected] Jorge Office Administration / Client Coordination . . . . . . . . . . (301) 762-8488 [email protected] FOR LAWYERS WHO NEED HELP Anyone aware of Attorneys who are having problems with stress, depression, overwhelmed with their practice, family issues, and related illnesses, including addiction, that interfere with their professional or personal lives, please call the Lawyer Assistance Committee. Committee members can assist Lawyers in finding confidential and effective programs to help them. All calls are strictly confidential. Karen H. Alegi, Co-Chair (240) 489-3428 or [email protected] William E. Hewitt, Jr., Co-Chair (301) 424-8520 or [email protected] BAR ASSOCIATION OF MONTGOMERY COUNTY, MD NEWSLETTER (USPS 430-930) ISSN-1079-0780 is published monthly except July/August combined at $25.00 per year by the Bar Association of Montgomery County, MD 27 West Jefferson Street, Rockville, MD 20850-4200 PERIODICALS POSTAGE PAID Rockville, Maryland 20850-4200 POSTMASTER: Send address changes to: Bar Association of Montgomery County, MD, Newsletter 27 West Jefferson St., Rockville, Maryland 20850-4200 Julie Petersen, Executive Director & Editor Cindy Brandenburg, Assistant & Advertising Editor 2 BAR FOUNDATION OFFICERS (Effective July 1, 2015) President: Mallon A. Snyder President-Elect: Lynn Caudle Boynton Treasurer: Joseph A. Lynott, III Secretary: Hon. John C. Moffett Past President: Richard H. Melnick BOARD OF DIRECTORS Michael G. Banks Bradford S. Bernstein Hon. Sharon V. Burrell Lauri E. Cleary Heather Collier Hon. John W. Debelius, III Kathryn Deckert Paul H. Ethridge Jo B. Fogel Hon. Anne S. Harrington Kevin G. Hessler Heather Q. Hostetter Daniel M. Kennedy, III COMMITTEE CHAIRS Lili Khozeimeh Joseph A. Lynott, III J. Stephen McAuliffe, III Hon. Mary Beth McCormick Hon. John C. Moffett John C. Monahan James A. Mood, Jr. David A. Pordy John M. Quinn Andrew L. Schwartz Donna E. Van Scoy Benjamin S. Vaughan Patricia M. Weaver C-IT Program –Stephen H. Chaikin, Chair – (240) 777-7202 Cable T.V./Law School for the Public – Lauri E. Cleary, Co-Chair – (301) 657-0176; James R. Klimaski, Co-Chair - (202) 296-5600 Continuing Legal Education – Parva Fattahi, Co-Chair – (301) 263-4516; Jeffrey Hammond, Co-Chair – (301) 861-4555 Diversity – Hon. Charles B. Day, Co-Chair – (301) 344-0393; Susan Magazine, Co-Chair - (240) 774-7220 Endowment – Daniel M. Kennedy, Chair – (301) 251-6600 Facilities – Patrick C. McKeever, Chair – (301) 762-5212 Fall Outing – Alison W. Rind, Co-Chair – (301) 657-0750; David P. Shapiro, Co-Chair – (301) 656-7603 Pro Bono – Michael J. Goecke, Chair – (301) 657-0185 School Mock Trial – Bradford S. Bernstein, Co-Chair – (301) 517-4811; Casey L. Cirner, Co-Chair – (301) 762-1600 2015-2016 Officers and Chairs ASSOCIATION OFFICERS President: Lynn Caudle Boynton President-Elect: Lauri E. Cleary Treasurer: Alan S. Zipp Treasurer-Elect: Ronald S. Canter Secretary: Casey Weinberg Florance Past President: Mallon A. Snyder Executive Director: Julie Petersen EXECUTIVE COMMITTEE Heather S. Collier Sara M. Donohue David C. Driscoll, Jr. Karen A. Ferretti Patrick J. Hoover Christina M. Hughes Heather L. Kafetz Sherri D. Koch Terrence M. McGann The Honorable Karla N. Smith Rosalyn Tang Magistrate Holly A. Whittier New Practitioners Co-Chairs: Judith G. Cornwell & Caitlin C. Grant COMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Ronald S. Canter, Chair – (301) 340-0084 Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 762-9200; Jeremy Rachlin, Co-Chair – (301) 913-2948; Michael A. Taylor, Co-Chair – (301) 762-9200 Bench/Bar-District Court – Reginald W. Bours, Co-Chair – (301) 340-7600; Richard D. London, Co-Chair – (301) 588-6900 Budget – James R. Hammerschmidt, Chair – (301) 951-9338 Community Outreach - Emily B. Gelmann, Co-Chair – (301) 340-2020; Revee M. Walters, Co-Chair – (240) 507-1768 Fee Dispute Resolution – Robert C. Park, Jr., Co-Chair – (301) 961-5175; Karen Robbins, Co-Chair – (301) 668-3222 Judicial Selections – Bradford S. Bernstein, Chair – (301) 517-4811; Michael T. Nalls, Vice Chair – (301) 654-4626 Lawyer Assistance – Karen H. Alegi, Co-Chair – (240) 489-3428; William E. Hewitt, Jr., Co-Chair – (301) 424-8520 Lawyer Referral – Marc A. Isaacs, Co-Chair – (202) 495-0624; Elizabeth G. Loggia, Co-Chair – (301) 340-9393 Leadership Development – Christopher W. Roberts, Co-Chair – (301) 657-0168; Keith J. Rosa, Co-Chair – (240) 777-9108 Legal Ethics – Allen J. Katz, Co-Chair – (301) 840-8007; Samuel M. Shapiro, Co-Chair – (301) 340-1333; Daniel L. Shea, Co-Chair – (301) 424-1060 Membership Benefits – Rand L. Gelber, Co-Chair – (301) 251-0202; Catherine H. McQueen, Co-Chair – (240) 507-1700 Mentor/Mentee (sub of New Practitioners) - Elizabeth J. McInturff, Co-Chair – (301) 838-3236; Shuaa Tajammul, Co-Chair – (240) 476-7838 Nominations & Elections – Wanda Martinez, Chair – (301) 340-1616 Social – Casey W. Florance, Co-Chair – (301) 838-3318; Keith J. Rosa, Co-Chair – (240) 777-9108; Mary McGuinness Saxon, Co-Chair – (202) 466-8960 Social Media / Technology – Jessica S. Blumberg, Co-Chair – (301) 657-0742; Keith J. Rosa, Co-Chair – (240) 777-9108 Softball – Eby Kalantar, Chair – (410) 514-7051 Specialty Bar Associations – Amanda L. Vann, Chair – (301) 563-6685 Strategic Planning – James A. Mood, Jr., Chair – (301) 424-0400 Youth Courthouse Project – Stephen H. Chaikin, Co-Chair – (240) 777-7405; Patricia P. Via, Co-Chair – (240) 777-6721 SECTION CHAIRS Administrative Law – John T. Henderson, Jr., Chair – (410) 229-4100 Alternative Dispute Resolution – Robert L. Baum, Co-Chair – (301) 610-0610; Kenneth A. Vogel, Co-Chair – (202) 332-7323 Business Law – David E. Kay, Chair – (301) 657-0724 Collaborative Law – Eshigo P. Okasili, Co-Chair – (301) 452-4929; Eric J. Wexler, Co-Chair – (301) 296-4465 Commercial Litigation – Mary C. Lombardo, Co-Chair – (301) 838-3226; Michael J. Neary, Co-Chair – (301) 657-0740 Criminal Law – Peter W. Larson, Co-Chair – (240) 777-7398; David H. Moyse, Co-Chair – (240) 292-7200 Education Law – David R. Bach, Co-Chair – (301) 738-7655; Patrick J. Hoover, Co-Chair – (301) 424-5777 Elder Law – Morris Klein, Co-Chair – (301) 652-4462; Mary Jo Broussard-Speier, Co-Chair – (301) 468-5657 Employment Law – Meredith S. Campbell, Co-Chair – (301) 255-0550 Gregg C. Greenberg, Co-Chair – (301) 587-9373 Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223 Family Law – Sandra A. Brooks, Co-Chair – (240) 507-1700; Christina M. Hughes, Co-Chair – (240) 360-0882; Christopher W. Roberts, Co-Chair – (301) 657-0168 Immigration – Parva Fattahi, Chair – (301) 263-4516 Intellectual Property & Technology – Michael L. Greenberg, Co-Chair – (202) 625-7000; Raymond Van Dyke, Co-Chair – (202) 378-3903 Juvenile Law – Daniel W. Gaskill, Co-Chair – (301) 279-7400; Corey E. Talcott, Co-Chair – (240) 777-6767 Law Firm Management – Amy B. Strent, Chair – (301) 657-0010 New Practitioners – Judith G. Cornwell, Co-Chair – (301) 838-3314; Caitlin C. Grant, Co-Chair – (301) 347-1272 Chamber Chats – Tracy E. Phillips, Chair – (240) 777-9283 Personal Injury Litigation – Paul S. Chung, Co-Chair (Plaintiff) – (301) 230-5230; Andre M. Forte, Co-Chair (Defense) – (301) 791-6924 Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574; Sarah Cline, Co-Chair – (301) 945-9245 Solo & Small Firm – Evan V. Goitein, Co-Chair – 301) 323-8272; David A. Schiller, Co-Chair – (301) 315-0801 Taxation Law – John S. Pontius, Jr., Co-Chair – (410) 497-5947; Mark W. Schweighofer, Co-Chair – (301) 838-3233 Workers Compensation Law – William J. Inman, Co-Chair – (301) 315-9400; Jeffrey W. Stickle, Co-Chair – (240) 777-6728 The Bar Association of Montgomery County, MD Newsletter February, 2016 CURRENT UPDATE CIRCUIT COURT NOTES RENOVATIONS Monroe Street Entrance Renovations continue on the Monroe Street entrance to the Circuit Court. Please use the Maryland Avenue entrance or terrace level entrance (via the courtyard between the new South Tower and the Executive Office Building) to enter the Circuit Court. The Monroe Street entrance will be available for emergency exit only. We apologize for any inconvenience and appreciate your continued patience. CIVIL Try By Date Ranges “TRY BY” Date Ranges are calculated for Track II and Track III Civil actions at the time of filing. The “TRY BY” Date Range can be found on the Scheduling Order for each of the above Tracks. This date range is hard coded and is not modifiable. If you are requesting a Modification of the Scheduling Order, please keep in mind that the “TRY BY” Dates will LEGAL ETHICS HOTLINE David Briglia ... 301-648-4987 ... [email protected] Rick Dodd ... 301-637-3626 ... [email protected] For a written confidential opinion, submit your written request, marked confidential, to Samuel M. Shapiro or Daniel L. Shea, c/o Bar Association of Montgomery County, MD, 27 West Jefferson St., Rockville, MD 20850. not be modified if the cut-off dates are extended. Any proposed dates for modification should allow sufficient time for the Trial Date to be set within that date range. Counsel are encouraged to clear proposed Trial Dates with one another prior to appearing at the Pretrial Hearing. CRIMINAL Jury Demands filed pursuant to Maryland Rule 4-301 (b) (1) (A) Trial Date Please remember: When a written demand for a jury trial is filed in a District Court case at least fifteen (15) days prior to the trial date, pursuant to Maryland Rule 4-301(b)(1)(A), the trial date scheduled for the District Court case will become the Circuit Court trial date. FAMILY One Family-One Judge (1F1J) Scheduling and Family Track IV As noted in previous editions of the BAMC Newsletter, effective January 1, 2016, updates were installed to the Circuit Court Family Division Scheduling system to allow Family Division Magistrates to designate a Family Law case as “One Family-One Judge” or “1F1J”. (Continued on page 5) What can you expect from The McCammon Group? Quality, Results, Value. From personal injury to family law and everything in between, our highly trained Neutrals stand ready to assist you with all of your mediation and arbitration needs. Hon. Dale R. Cathell (Ret.) Former Judge, Court of Appeals of Maryland John Henry Lewin, Jr., Esq. Past President, Bar Association of Baltimore City Hon. A. Michael Chapdelaine (Ret.) Retired Associate Judge, Prince George’s Circuit Court Hon. J. Frederick Sharer (Ret.) Former Judge, Court of Special Appeals of Maryland Hope B. Eastman, Esq. Past President, The College of Labor and Employment Lawyers Hon. Thomas P. Smith (Ret.) Retired Associate Judge, Prince George’s County Circuit Court Morton A. Faller, Esq. Past President, Bankruptcy Bar Assoc. for the Dist. of Maryland Hon. Ann N. Sundt (Ret.) Retired Associate Judge, Montgomery County Circuit Court Hon. John M. Glynn (Ret.) Retired Associate Judge, Baltimore City Circuit Court Kenneth L. Thompson, Esq. Fellow, American College of Trial Lawyers Hon. Eric M. Johnson (Ret.) Retired Associate Judge, Montgomery County Circuit Court Daniel E. Toomey, Esq. Construction, Surety, and General Commercial Neutral Hon. Henry L. Jones, Jr. (Ret.) Retired Magistrate Judge, United States District Court Hon. Martin P. Welch (Ret.) Hon. Alexander Williams, Jr. (Ret.) Retired Chief Judge, Retired Judge, Baltimore City Circuit Court United States District Court Dispute Resolution and Prevention For a complete list of our services and Neutrals throughout MD, DC, and VA, call 1-888-343-0922 or visit www.McCammonGroup.com February, 2016 The Bar Association of Montgomery County, MD Newsletter 3 PRESIDENT’S MESSAGE, cont’d (Continued from page 1) Committee for their hard work and professionalism and heartfelt congratulations to our newly appointed Circuit Court Judge Harry C. Storm; and Our members who are also members of the Legislature, who will be working on elimination of contested judicial elections, strengthening the Prescription Drug Monitoring Program and expanding the Good Samaritan Law among other things, and to bar members Lynn Perry Parker, Esq. and Andrew Reckson, Esq., who will be keeping an eye on legislative matters on behalf of BAMC; and Our veteran members who made significant donations to Veterans Airlift Command as a result of hearing from Bob Michael at our November Bar Luncheon regarding his volunteer flying of Wounded Warriors and families to and from Walter Reed Medical Center; and Our Lt. Governor’s Heroin & Opioid Emergency Task Force Report of December 1, 2015, and the progress reflected therein, please see this link: http://tinyurl.com/zlrmz4n for details; and Becky Strandberg for her “Know your Colleagues” interviews of our members each month. Thanks to Becky I learned that my own mentee, Andrew Han, an Assistant State’s Attorney, and a Captain in the National Guard, was called to serve during the recent Baltimore riots following the death of Freddie Gray. Thank you Andrew for your service; and Our committee and section chairs and co chairs for their time and devotion this year. Please take advantage of the growing number of CLE’s offered. We will have midyear updates from each section in next month’s newsletter; and Brad Bernstein, Esq. who is gearing up to begin the gargantuan task of coordinating the High School Moot Court Trial competitions again this year; let’s pray the winter weather this year doesn’t make it doubly challenging for him, the attorneys and judges who generously contribute their time to this wonderful effort; and The Redskins, for giving us a brief glimpse of the glory days of old; and Finally, thank you to those of you who have taken a moment to say a few 4 kind words to me about my genuine efforts to write a column worth reading. Writing a column that may be read by as many as 2700 very fine lawyers and judges can make one feel a bit vulnerable. Ralph Waldo Emerson once said: “A friend is a person with whom I may be sincere. Before him, I may think aloud.” I am grateful for your friendship or at the very least, for your tolerance. If nothing else, I am sincere. Please remember to: 1. Sign up for and consider being a sponsor for Law Day April 22, 2016 at which President-elect Lauri Cleary will be sworn in before over 500 attendees; 2. Consider a donation to the Bar Foundation to “Honor a Lawyer” to recognize someone who has made a difference in your career or the legal community; 3. Plan to attend and bring your spouse or guest to the Battle of the Barristers at Smokey Glen on May 25, 2016. Looking forward to our next speaker for the February 2, 2016 Bar Luncheon; well known attorney Al Frederick, Esquire, will advise us on “5 Ways to Avoid Finding Yourselves before the Attorney Grievance Commission”. In the meantime, stay warm! HELPING OPPORTUNITIES ... Support Drug Court by helping a participant obtain stable employment and therefore restore their life, stay committed to recovery and become a productive member of the community. For further information please contact Jenna Davis, Drug Court Coordinator at (240) 777-9141. The Bar Association of Montgomery County, MD Newsletter February, 2016 CURRENT UPDATE (Continued from page 3) The 1F1J Team Concept includes the assignment of a Case Manager, Case Magistrate and 1F1J Judge, who will remain permanently assigned to the case to address the needs of the litigants. Hearings and Trials will continue to be scheduled pursuant to the courts Family Division DCM guidelines for Track II and Track III, with all future hearings being scheduled before the Case Magistrate or 1F1J Judge, consistent with those guidelines. With the implementation of the 1F1J Team Concept, effective January 4, 2016, the Circuit Court will no longer assign Family Law cases to Track IV. Hearings in cases currently assigned to Track IV will continue to be scheduled pursuant to the current Track IV guidelines. Additional information regarding the 1F1J Team Concept will be available on the Court’s Website or you may call the DCM Coordinator, Rick Dabbs at 240777-9358. Family Division Juvenile DCM plan update Beginning in September of 2015 a panel was formed at the direction of the Court Administrator, Judy Rupp, to review and update the Family Division Juvenile Differentiated Case Management plan. The panel included the Honorable Cynthia Callahan, Family and Juvenile Judge in Charge, the Honorable Barbara Meiklejohn, Clerk of the Court, the DCM and Family Division Coordinator, Juvenile Clerks Office staff, Juvenile and Family Case Managers, the Adoption February, 2016 Guardianship Case Manager, and the Permanency Planning Liaison. In addition to the review and update of the 2003 edition, changes previously made in 2011 were incorporated into the written plan. Recommendations were also approved to discontinue the use of Track 5 through Track 8, and an additional track, Track 11, was created to allow for the processing of Voluntary Placements. Revisions were also made to the Postponement Policy and procedures. The Juvenile DCM Plan Third Edition, January 2016 is now complete and available for viewing and download on the Circuit Court Website. www.montgomerycountymd.gov/ circuitcourt/Resources/Files/ JuvenileDivision/Juvenile_DCM_Plan.pdf Third Party Corroboration Mutual Consent Ground for Divorce Effective October 6, 2015, the Circuit Court for Montgomery County will no longer require third party corroboration if the parties are proceeding on the ground of Mutual Consent. However, both parties must be present at the hearing. Circuit Court on Alert Montgomery Would you like to receive an email or text message when the Circuit Court closes? Now you can! The Montgomery County Circuit Court is now a member of the Alert Montgomery system. This is an opt-in system so you will receive notifications ONLY if you register to receive them. This flexible system permits you to choose the device(s) to receive the alerts. You can receive alerts to an email address, a smart phone or a pager – to one or more devices. Sign Up for Alert Montgomery on the Circuit Court Home Page. Please note: to receive Circuit Court alerts you must check the “Circuit Court” box under Montgomery County Government. http://www.montgomerycountymd.gov/ circuitcourt/index.html KIDS SPOT The Montgomery County Circuit Court has opened a child waiting area in the South Tower, Room 1440 for children ages 2-12. Children will be supervised by two staff members from Family Services, Inc. Monday - Friday from 8:00am to 12:30pm and 1:15pm to 5:00pm. The center is closed for lunch between 12:30pm and 1:15pm. There are no fees associated with this service but parents and guardians must present valid ID at both check-in and check-out time and the Parents or Guardians must remain in the Circuit Court building while their children are in Kids Spot. For more information, visit our Frequently Asked Questions on the Court’s website. http://www.montgomerycountymd.gov/ circuitcourt/Court/Press/kidsspot.html John W. Debelius, III, Administrative Judge 2016 JUVENILE BENCH/BAR MEETING SCHEDULE Juvenile bench/bar meetings will be held as follows during 2016: Delinquency Child Welfare February 17, 2016 March 21, 2016 April 20, 2016 May 16, 2016 June 15, 2016 July 18, 2016 September 21, 2016 October 17, 2016 November 16, 2016 The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 5 CURRENT UPDATE (Continued from preceding page) Family Division Changes After being separate for 13 years, Family and Juvenile Case Management have been consolidated into one unit. The Family Case Managers are now co-located with the Juvenile Case Managers on the third floor of the South Tower. The Supervising Case Manager for the entire unit is Marianne Hendricks, located in room 3540. Her telephone number is 240-777-9084. Risa Mainprize is now serving as the Deputy Family Division Coordinator. She is located in Room 1603 on the first floor of the South Tower. Her telephone number is 240-777-9343. Risa will be assisting with administrative, budgetary and programmatic issues impacting the Family and Juvenile. Supervised Visitation When a parent is ordered into the Court’s Supervised Visitation program, it is for that person only. Relatives and friends accompanying the visiting parent will not be allowed to participate in the visit. Madeleine Jones LAWYER’S LITERARY CIRCLE On Thursday, February 18th, we will be discussing Amsterdam: A Novel, by Ian McEwan. And, there is a plan emerging to attend, sometime soon, a performance of South Pacific at Toby’s in Columbia, with Judge Barry Hamilton either conducting or playing in the orchestra. If anyone is interested in going with our group, please contact me. With some rare exceptions, all of our meetings are held in the offices of Miles & Stockbridge P.C., 11 North Washington Street, Suite 700, Rockville, MD, and begin at 4:30 p.m. If any of your friends and associates would like to join our group, all they need to do is to show-up for any of our meetings – everyone is welcome to attend, and snacks are always served. Jim Demma MCCC LIBRARY – CHECK IT OUT Ripped from the Headlines! The MCCC Law Library has a deep collection of up-to-the-minute books, databases and services that cover a variety of subjects. 6 • Police Misconduct: Law and Litigation, 3d edition by Michael Avery and others, Thomson Reuters – an examination of ways to seek relief in the courts for police misconduct. • Hate Crimes Law by Zachary J. Wolfe, Thomson Reuters – a practical guide to hate crimes laws with a comprehensive analysis of federal and state statutes and cases. • Internet Publishing Perils and Practices: A Compass for Content in the Digital Domain, John P. Borger and others, ABA – landmarks for lawyers who do not encounter this area regularly: law suits, libel law basics, privacy issues and other relevant topics. • Law of Corporate Officers and Directors: Rights, Duties and Liabilities, by Edward Brodsky and Patricia Adamski, Thomson Reuters – with corporate law in constant flux, this book keeps you current with the latest litigation, legislation and regulation. • Immigration Law and the Family by Sarah Ignatius and Elisabeth Stickney, Thomson Reuters – discusses significant decisions on marriage, child and adoption visa requirements. Includes sample forms and cover letters. • Legal Guide for Lesbian and Gay Couples by Fredrick Hertz and others, Nolo – helps lesbian and gay couples understand the laws that affect their domestic lives. Includes sample forms. New in the Library – Is it Admissible? By Ashley S. Lipson, James Publishing, with CD-ROM – Brush up your practical knowledge of evidence, divided in to four pragmatic categories: testimonial, documentary, real and demonstrative. Find the answer fast at the Montgomery County Circuit Court Law Library. Hours: M-F, 8:00 a.m.-5:30 p.m., 50 Maryland Ave. Rockville MD 20850 Contact us at 240-777-9120 or [email protected] JENNIFER FAIRFAX Adoption Law • Reproduction Law • Surrogacy • Donor Agreements Domestic, Second Parent and Relative Adoptions 827 Woodside Parkway Silver Spring, MD 20910 301.221.9651 fax: 240.491.9551 [email protected] Fellow of the www.jenniferfairfax.com AMERICAN ACADEMY OF Assisted Reproductive Technology Attorneys Member of RESOLVE Mid-Atlantic Region • Fellow of the AMERICAN ACADEMY OF Adoption Attorneys Licensed in Maryland and the District of Columbia ONE PAINTING OR 1,000? Art, antiques and other tangible assets can make estates complicated. Let us help. Dena Crosson, Ph.D 301-802-3638 We are arts management professionals who specialize in supporting estates. Executors, attorneys and other professionals rely on our decades of experience to help minimize taxes and distribute assets. Robin Moore, MBA 301 204-7252 Accredited and certified appraisals Documentation and inventories Professional Advice Crosson Moore Art Services • CrossonMoore.com 4938 Hampden Lane, Suite 554, Bethesda, MD 20814 The Bar Association of Montgomery County, MD Newsletter February, 2016 SAVE THE DATE! DISTRICT COURT M EET & G REET Wednesday, April 6, 2016 2:00 pm – 4:30 pm Montgomery County District Court 191 E. Jefferson Street, Rockville, MD Please plan to join us to meet and chat with the judges and staff of the District Court. Informal presentations addressing many aspects of District Court practice, policies, procedures, and preferences. New and experienced practitioners welcome! NO COST TO ATTEND Pre-registration required. Details to follow. February, 2016 The Bar Association of Montgomery County, MD Newsletter 7 CURRENT UPDATE Is your desk killing you? By Bill and Karen What does sitting at your desk all day mean for your health? Several studies released over the last few years have linked the number of hours that a person spends sitting at their desk to increased risk of death from all causes. That is the bad news. The good news is that the solution is an easy one and well within your control. Stand up! There are a number of smart phone apps that can help you get up and moving to break up your sedentary day. Here are a few. Break Reminder (free, Android): You set your work/break intervals and the app counts down notifies you when it’s time to get up. Stand Up (free, Apple): You set a 8 CONTACTS Bill Hewitt, Esquire, Co-Chair (301) 424-8520 (Office) [email protected] Karen Alegi, Esquire, Co-Chair (240) 489-3428 (Office) [email protected] reminder interval and the app plays an alarm when it’s time to stand up. Move a Bit (free, Android): This app simply reminds you when it’s time to move a bit. Move (free, Apple, in-app purchases): This app reminds you to stand up and do an exercise (choose from over 300) at regular intervals that you set. The LAC is a resource for you so please let us know if you need help. The Bar Association of Montgomery County, MD Newsletter You Shop, Amazon Gives! • Amazon will donate 0.5% of the price of your eligible AmazonSmile purchases to Montgomery County Maryland Bar Foundation Inc. whenever you shop on AmazonSmile at https://smile.amazon.com/ch/ 52-1272181. • AmazonSmile is the same Amazon you know. Same products, same prices, same service. • Support your charitable organization by starting your shopping at smile.amazon.com. February, 2016 IN MEMORIAM ... Esther B. Davis Our legal community lost a treasure on January 2, 2016. Esther B. Davis, our cherished Court Interpreter of long-standing, died a few days shy of her 82nd birthday. She was working in the District Court just a few days earlier. Esther was born in Santiago, Chile where she attended grammar and high school at the German School. After completing her first year of college at the University of Chile, Esther transferred to the University of Geneva in Switzerland. Fluent in Spanish, German, and French, she graduated with a degree from the foreign language school for interpreters and translators. Esther learned English at Cambridge University. Upon winning a Rotary Club scholarship in 1958, Esther came to the United States. She met and married her [late] husband Edwin in 1959. They settled in the Washington, D.C. area. Esther and Edwin raised 3 daughters, Christine, Vicki, and Stephanie all of who share Esther’s affinity for language, love of arts and travel, and the power and importance of education. Vendor Spotlight BAMC members can apply for a quality individual disability insurance policy at a 10% discount Patrick M. Dunn CLU, CHFC Office - 301-949-1000 E-mail [email protected] What would happen if you could no longer work because of a long-term illness or injury? Would you or your family be able to make ends meet without your income? Why this is such an important opportunity to protect yourself (and your family): • Every thirty seconds, someone files for bankruptcy in the aftermath of a serious medical problem. • Three in ten workers entering the workforce today will become disabled before they retire. Already have disability insurance coverage? You may be able to take advantage of the BAMC discount to obtain a better premium rate than you currently pay, and improve the coverage you already have. BAMC members will receive 25% off all Canon and Kyocera products William J. Waters, Jr. (Bill) 301-662-5000, Ext. 111 333 East 5th St. Frederick, MD 21701 Ameritel is an authorized Canon and Kyocera dealer that’s sells and leases office equipment such as copiers/multi-function devices, facsimiles, scanners, wide format printers/plotters, desktop printers along with Document Management Solutions and Managed Print Services. 25% Off Catalog & BAMC Hot List Special Discounts Provided As Needed 760 East Gude Drive Rockville, MD 20850 301-340-1384 To see other discounts available, please visit http://www.barmont.org/?427 February, 2016 Esther was a consummate professional. Before coming to the court system in the late 1970s, she interpreted for U.S. presidents, heads of state, trade organizations, embassies, and government offices. All while raising 3 daughters and working in her husband’s business. We all have memorable stories of Esther. She thrived on the often-salty testimony from self-represented litigants in the District Court. Indeed, Esther relished the duty to interpret not only the words of a witness, but the emotion and passion as well. The conservatively dressed, octogenarian, grandmother of 6 – who always wore clip-on earrings – actively sought the trials with the most salacious potential! Most entertaining was Esther’s posttrial analysis. She was never surprised by even the most outlandish testimony. Rather she was accepting and often sympathetic to the social, cultural and personal difficulties of her clientele. Her wonderful sense of humor and hearty laugh were renowned outside of the courtroom. After a particularly low-brow, profane hearing between husband and wife, Esther wryly observed “what a lovely couple!” Esther loved every moment of her life. She reveled in the courtroom and in the many accomplishments of her daughters. Even greater was her pride in her grandchildren Eddie, David, Sophia, Lily, Wellington, and Josephine. We were so honored to share in their report cards, college admissions, language and artistic skills, world-wide travels, and their devotion to their “granny.” Esther Davis’s tenure as a court interpreter exceeds that of every judge on the County’s District and Circuit Court. She epitomized the dedicated professional who excelled in every aspect of life – to the very end. We will miss her terribly, but remember her always. Submitted respectfully and with great admiration Judge Patti Mitchell The Bar Association of Montgomery County, MD Newsletter 9 COMMITTEE/SECTION REGISTRATION PLEASE RETURN 2016-2017 BY MARCH 15, 2016 NAME ________________________________________________ email: ____________________________ I. STANDING COMMITTEES The following committees have three-year staggered terms. Noting that there can only be 3 choices (for both the Association and Foundation combined), please indicate your first, second and third choice by marking the figures 1, 2 and 3 in the box opposite the preferred committee. ASSOCIATION FOUNDATION ______ Community Outreach ______ Bar Revue ______ Fee Dispute Resolution ______ Cable TV Law School for the Public ______ Judicial Selections ______ Continuing Legal Education ______ Lawyer Referral Service ______ School Education/Speakers Bureau ______ Lawyer-to-Lawyer (no staggered terms) ______ School Mock Trials ______ Legal Ethics ______ Fall Outing ______ Legislation ______ Pro Bono ______ Membership ______ Mentor/Mentee ______ Social ______ Social Media/Technology ______ Youth Courthouse Project * up if you have NO intention of running for a Judicial vacancy within the next 3 years. * – Please only sign For more information on the above Committees, please visit our website, www.montbar.org. II. SECTIONS — IF YOU ARE ALREADY A MEMBER OF THE SECTION, PLEASE DO NOT MARK IT AGAIN. _____ _____ _____ _____ _____ _____ _____ _____ Please indicate an “X” before the Sections in which you are interested in becoming a NEW member. Administrative Law Alternative Dispute Resolution Business Law Collaborative Law Commercial Litigation Criminal Law Education Law Elder Law _____ _____ _____ _____ _____ _____ _____ Employment Law Estate & Trust Law Family Law Federal Practice Immigration Law Intellectual Property Law Juvenile Law _____ _____ _____ _____ _____ _____ _____ Law Firm Management New Practitioners Personal Injury Litigation Real Estate Solo & Small Firm Taxation Workers Compensation Law III. I would like to chair the _________________________________________ Committee/Section. IV. Is there a Committee or Section you would like to see our Bar Association add in which you would actively participate?__________________________________________________________________________________________ ________________________________________________________________________________________________ IV. Is there a special project in which you would participate if it was offered by the BAMC? _______________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ RETURN TODAY: Lauri E. Cleary, President-Elect Bar Association of Montgomery County, Maryland 27 West Jefferson St., Rockville, MD 20850 Fax: (301) 217-9327 GETTING TO KNOW YOUR COLLEAGUES Andrew Han Andrew Han, an Assistant State's Attorney for Montgomery County, is a Korean American who grew up in Silver Spring and Bethesda. He is an excellent role model for those whose parents immigrated to the United States and inspired their children to succeed. James Han, his father, is the most influential person in his life. Andrew believes that if his father had spoken better English he would have been a great lawyer. Andrew says, "I admire my father for what he has achieved; it inspires me. What impresses me about him is that he is a man of character, a man of honor. He is honest and trustworthy, diligent and hard working. He still wakes up at 6am everyday to work. He overcame much over the years to be where he is today." Most parents would give anything to have their child make that statement about them. Choosing law as a career was natural as Andrew's parents "brainwashed" him to choose law. That made it easy to choose political science as his major at the University of Illinois at UrbanaChampaign, where he got his undergraduate degree in 2002. Through college, the Army ROTC gave Andrew a front row seat to one of the recent headline events. He became a second lieutenant in the Army and is now a Captain in the Maryland National Guard where he has served for the last 10 years. As part of the State of Emergency initiated by Gov. Hogan in response to the recent Baltimore riots, he was activated and deployed to Baltimore to support law enforcement efforts to calm the city. Andrew was in court when he got the call from his sergeant: "Captain Han, we have been activated and we need to report to the armory by 1200." Andrew told his supervisor the situation and left immediately. He took off his suit and put on his uniform. When he arrived at the armory, he was given his assignment and was put in charge of 20 soldiers to guard a government building. When he arrived in DTI Fits Your Court Reporting Needs Call 800-292-4789 800-292-4789 to to schedule your your court court reporter reporter today. today. Baltimore, he was excited and nervous. As the situation calmed down, he walked out into the community. As he was walking with his lieutenant a man approached them and shook their hands saying, "thank you for coming, we feel safer that you're here." After 6 days in Baltimore, he returned home and was back in court the next day. Andrew graduated from Catholic University's Law School in 2011. His most interesting and rewarding experience was his externship experience with the Montgomery County States Attorney's Office. He began as a Rule 16, gained a lot of experience and knowledge. Ultimately, John McCarthy hired him in 2012. Andrew's most interesting legal experience was attending oral arguments at the U. S. Supreme Court on a case involving military courts where he enjoyed watching lawyers and judges discussing the law and arguing with each other. At one time, he also got an insider tour of the Supreme Court with his friend, who was Justice Scalia's law clerk at that time. He saw the Justice's chambers, the library, and the basketball court, "the highest court in the land" according to Andrew. The highlight of the tour was when he saw the special room where the Justices would decide which cases they would grant cert. Be careful not to cross Andrew, as he has practiced Taekwondo for almost 15 years and taught it for 7 years. He fits right in with the members of the Bar who like to bike ride. His post bar exam trip was a cycling tour of the Pacific Northwest. He and his friends started in Seattle, Washington, and ended in Crater Lake, Oregon. Not a trip for the faint of heart. Andrew's advice to older or younger lawyers is to be humble and hungry and take advantage of every opportunity to learn more about this profession. Say Hi to Andrew the next time you see him in the courthouse or at a Bar Association event. DTI DTI Solutions: Discovery Discovery • Risk & Compliance Compliance • Legal Legal Administrative Administrative • Court Court Reporting Reporting World-class World-class service. service. Local Local commitment. commitment. Visit Visit DTIGlobal.com DTIGlobal.com to to learn more. more. February, 2016 The Bar Association of Montgomery County, MD Newsletter The deadline for submission of copy is always the 10th of the month for the following months issue, unless the 10th falls on a weekend ... then it is the Friday prior to the 10th. 11 LEGAL ETHICS Matchmaker, Matchmaker, Make Me A Disciplinary Referral The Ethical Pitfalls of Participating in On-Line Legal Referral Services The Internet has evolved into a powerful tool for matchmaking, and not just the romantic variety. Attorney-client relationships are being formed every day on the Internet through for-profit lawyer referral sites. On-line legal matchmaking sites are almost as old as the Internet itself. LegalMatch, for one, has been operating for more than 16 years. Sites such as Upwork (the result of a merger of Elance and oDesk), Freelancer and Guru, where freelance service providers of all kinds (including lawyers) can bid for work from prospective clients, have been around since the turn of the century. But a new crop of venture capitalbacked legal matchmaking services— with names like UpCounsel, Priori Legal, LawTrades and LawDingo—are aiming to bring an end-to-end, Uber-like experience to legal service delivery, functioning much like virtual, big law firms. These sites purport to match individuals and entities in need of legal services with a qualified attorney—or a small, select panel of attorneys—who can meet the client’s specific needs. The for-profit companies that operate these sites promote the fact that they prescreen the participating attorneys much like a law firm recruits new hires. Priori Legal (founded in 2012) advertises that all of its lawyers “are vetted through our rigorous process to join our exclusive network. Lawyers go through an online application, face-to-face interview and reference checks, resulting in less than a 20% admissions rate.”1 The rise of these services coincides with the decline in professional staffing at big law firms over the last several years. (In the case of UpCounsel, fully a fifth of its participating attorneys at the time of the site’s inception in 2012 were lawyers who had been laid off.2) For clients, the advertised advantages in using these services include the ease of locating appropriate counsel to address a particular problem, transparency and predictability of fees (as many of the services brokered through these sites are project-based and compensated on a 12 flat-fee basis), and fees which are downright cheap compared to those offered by traditional—especially big—law firms. Next-generation matchmaking sites also provide invoicing and payment services, and collaboration tools for document exchange and other attorney-client communications. LawTrades says using its site is “like having access to a firm with an endless supply of on-demand legal services, minus the massive overhead that would cost you an arm and a leg.”3 Priori Legal says that its services “makes retaining highly skilled attorneys at a fair price as easy as shopping on Amazon. Just imagine feeling joy and relief after opening an invoice from your lawyer.”4 And while some of these new services are limited to business-related matters such as contract review and patent and trademark filings, others purport to cover a broad array of legal issues. For example, Avvo Advisor, a new service offered by the popular attorney review site Avvo, offers to match individuals with a “highly-rated” attorney for a 15 minute telephone consultation regarding such consumer matters as criminal defense, family law, divorce and real estate, for just $39. According to Avvo, with its Advisor service “consumers no longer have to spend days and dollars finding an experienced lawyer to help with everyday legal situations.”5 For attorneys, the advertised advantages of participating in a legal matchmaking site include the prospect of enough work to make a low fee structure lucrative, without the effort and added expense of traditional law practice marketing, billing and collection. “We greet the client, learn about their legal need, and if they are a good fit for you, we’ll introduce them,” says LawDingo.6 In the words of one apparently satisfied UpCounsel attorney: “UpCounsel’s platform allows me to focus my time on things I care about (my clients, my family) instead of worrying about things like marketing and billing. I love that I can exchange messages with a prospective client on my phone while I walk my dog.”7 ETHICAL CONSIDERATIONS AND CONCERNS The ethical barriers for Maryland attorneys hoping to participate in an online legal matchmaking services are considerable. This article focuses on two of them: the prohibition against splitting fees with a non-lawyers under Rule 5.4(a) of the Maryland Lawyers’ Rules of Professional Conduct, and the general prohibition against the payment of referral fees under Rule 7.2(c). Fee Sharing Rule 5.4(a) of the Rules provides that a “lawyer . . . shall not share fees with a non-lawyer,” except under certain circumstances that are not relevant to on-line matchmaking. Some matchmaking services charge a percentage of fees earned through their sites. This fee is assessed on a project basis, and is deducted through payments processed through the site. Some services present this as a fee that the client pays. This approach is common among general freelance platforms such as Upwork, which makes money by charging a percentage of fees billed. But you will also find it among referral services specific to law. Upcounsel, for example, charges clients a 10% “service fee” on work purchased through the site. Priori Legal charges its participating attorneys a fixed percentage (10%) of their earnings, which it claims is a “management fee.” Similarly, Avvo Advisor charges attorneys a fee per service—described as a “marketing fee”—which can vary based on the amount which the participating attorney charges the client. These models present a problem under Rule 5.4(a), as would any model where the fee paid to the service is contingent upon the client retaining the attorney. In Ethics Docket 2004-21, the MSBA’s Committee on Ethics considered a proposal from an on-line legal directory that would support itself by charging its participating lawyers a “case acceptance” fee of $250 whenever they a accepted a case through the service. This fee was to be paid from the participating attorney’s operating account, not by the client. The Committee found that because this fee The Bar Association of Montgomery County, MD Newsletter February, 2016 LEGAL ETHICS was contingent upon the client retaining the lawyer, the fee was directly tied to the fee earned by the lawyer, and therefore amounted to a sharing of the fee in violation of Rule 5.4(a). Sites that charge a fixed monthly or annual subscription fee to the attorney, the client, or both, to participate in a referral service wouldn’t appear to violate Rule 5.4’s prohibition on fee sharing. In fact, in Ethics Opinion No. 2007-1, the Committee found that, where the annual fee to be paid by a lawyer to participate in a proposed internet-based listing service was not tied to payment by the client, the arrangement would not violate Rule 5.4. That is not to say, however, that arrangements such as these comply with Rule 7.2(c)’s general prohibition on the payment of referral fees by attorneys. Referral Fees Rule 7.2(c) of the Maryland Lawyers’ Rules of Professional Conduct provides that a lawyer “shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may . . . (2) pay the usual charges of a legal service plan or a notfor-profit lawyer referral service.” In Ethics Docket 95-11, the MSBA’s Committee on Ethics concluded that forprofit, private lawyer referral services are generally impermissible under Rule 7.2(c). In Ethics Docket 95-35, the Committee found that an “advertising fee” charged by a for-profit referral service to an attorney for each client obtained through the service was a prohibited referral fee under Rule 7.2(c). Prior to these opinions, in Ethics Docket 87-41, the Committee concluded that the payment of a flat “monthly fee” to an organization that advertised an “injury help line” which referred callers to a local subscribing attorney violated Rule 7.2(c). These opinions would appear to prevent Maryland lawyers from participating in a service like LawDingo, which charges participating attorneys a monthly fee on a sliding scale, where the more an attorney pays, the more client leads LawDingo will send his or her way. It would also appear to prevent an attorney from paying the “marketing fee” that Avvo charges on a perengagement basis to attorneys to participate in its “Advisor” service. But what about a referral service February, 2016 where the client that pays the fee? The MSBA Committee on Ethics addressed this very question in Ethics Docket No. 2012-02, in response to an inquiry relating to a proposed for-profit, on-line legal matchmaking service. According to the inquirer, a prospective client of this service would access the company’s Internet site and describe the facts he or she considers relevant to his or her legal problem. The company would then refer the matter to an appropriate attorney not employed by the company. The client would then pay the company a “reasonable fee” for the legal services. The company would then pay the attorney to whom it referred the matter a “reasonable hourly or flat fee.” (The inquirer didn’t explain how the “reasonable fee,” as required by Rule 1.5, would be negotiated on either end). Because the arrangement didn’t involve any direct payment to the forprofit corporation by the lawyer in exchange for the referral of clients, it might have appeared to avoid the Rule 7.2(c)’s prohibition on referral payments. But the Committee found the identity of the person making the payment immaterial, because the result would be the same: a referral source would be compensated for making a referral to an attorney who is subject to Rule 7.2(c). The Committee concluded that a forprofit corporation whose income is “solely based upon the difference between the total amount the client paid the referral source for legal representation and the amount the attorney actually received for the work performed” is not an arrangement in which an attorney may participate under Rule 7.2(c). Thus, a referral fee to a for-profit operation is an impermissible fee under the Rule regardless of whether the attorney or the client pays it. But what about a service like Priori Legal, which does not match a particular attorney to a particular client, but rather “handpicks” up to five lawyers for each matter, and leaves it up to the client to select which of them is appropriate? Notwithstanding Priori’s representation that it is a “curated marketplace” rather than a lawyer referral service, does such an arrangement avoid the referral fee prohibition by not constituting a referral service at all? That is a question which neither the MSBA Committee on Ethics nor the Court of Appeals has yet to answer. Rule 7.2 would not appear to prohibit an attorney from paying a fixed fee to be listed through an on-line service that does nothing more than provide a forum for attorneys to advertise their availability to perform legal services. Rule 7.2(c) permits attorneys to pay the reasonable cost of advertising otherwise permitted by the Rule 7.2. However, compliance with Rule 7.1 (communications concerning a lawyer’s services) will be a challenge in view the glowing client testimonials and other unsubstantiated representations that legal matchmaking sites commonly make about the quality of the services that can be obtained through them. (See the Indian Supreme Court’s decision in In re Anonymous, 6 N.E.3d 903 (2014), 8 for a recent case where a legal matchmaking site’s comparative statements and statements regarding past results obtained by its participating attorneys gave rise to a disciplinary action for one of those attorneys.) Complying with Rule 7.2(d) will be a challenge as well: The author is not aware of any matchmaking site that complies with that Rule’s requirement that any attorney advertisement include the name of at least one lawyer responsible for its content. A Maryland attorney entertaining the idea of participating in an on-line legal referral service first must understand that service’s business model. In the author’s opinion, the some models in use today do not comply with Rule 5.4 and Rule 7.2(c). David Briglia, Committee Member Daniel L. Shea, Co-Chair Samuel M. Shapiro, Co-Chair Allen J. Katz, Co-Chair Legal Ethics Committee 1 https://www.priorilegal.com/how-it-works 2 Zak Stone, “UpCounsel Lets Lawyers (And Clients) Escape Life At The Law Firm,” Fast Company, August 12, 2013, available at http://www.fastcoexist.com/1682730/upcounsellets-lawyers-and-clients-escape-life-at-the-law-firm 3 http://www.lawtrades.com/ 4 https://www.priorilegal.com/about-priori/ testimonials 5 “Avvo Launches Avvo Advisor,” October 23, 2014, available at http://press.avvo.com/release/ avvo-launches-avvo-advisor. 6 https://www.lawdingo.com 7 https://www.upcounsel.com/for-lawyers 8 The court’s opinion is available at http://www.in.gov/judiciary/opinions/pdf/ 04111401per.pdf. The Bar Association of Montgomery County, MD Newsletter 13 ONE FAMILY ONE JUDGE The One Judge One Family (1F1J) process was implemented in the court on January 4, 2016. With this process the court assigns a single team consisting of a Judge, Family Division Magistrate (FDM), and Case Manager (CM) who work together to assure consistent management of all issues in the case. • The 1F1J case is a hybrid of current Track 3 and Track 4. 1F1J will replace Track 4 and Special Assignment in Family matters. • A 1F1J case is assigned based on specific criteria. The designation and the scheduling for these cases are done at a Family Division Scheduling Conference. • 1F1J in part uses the concept of a “magnet” case, which will pull all of a Family’s cases into the IFIJ process. The “magnet cases” include divorce and related economic issues, custody, child support, guardianship of a minor, domestic violence, or juvenile matters. • Additionally, other factors might trigger the 1F1J designation, such as projected length of trial, complexity of issues (e.g., large number of experts, extraordinary discovery requirements), a litigious party (multiple case, multiple-jacket cases), significant diagnosed adult and/or child mental health issues , demonstrated drug/alcohol abuse or addiction, extraordinary counsel fees, and others. • The 1F1J team follows case to conclusion. • The 1F1J team’s familiarity with the family allows the team to better address multiple needs and increases efficiency. It avoids numerous judges handling a single case. The team management approach promotes coordination of 14 orders and services. A judge has the ability at any point in the process to manage a crisis using the CM for services or the FDM for “emergency” analysis. As with any new process, there will be re-assessment as we go. We welcome comments and suggestions from the Bar. A BALANCING ACT FIVE STEPS YOU CAN TAKE TO ENJOY YOUR LAW PRACTICE MORE Not all aspects of practicing law and running a practice are enjoyable. But, shouldn’t you have fun at work. Here are some steps to increase your enjoyment: 1. Make a list of the things you enjoy the most about your practice. 2. Now write down the things you enjoy the least? 3. Put a check mark by things in list #2 that you can delegate or outsource. 4. Now take the list of things you enjoy the most (list #1) and rate them on a scale of 1-10. 5. Make a list of ways you can do more of those rated 7-10. Work-life balanced is best achieved when you are able to do more of the things you enjoy. Outsourcing the tasks you enjoy the least can give you more time to do the things you enjoy. This is strategic planning. The statistic I’ve heard is that 20% of time spent planning results in an 80% savings in execution. What will you delegate or outsource so you can enjoy your practice more? Geoff Gilbert is an executive coach for managing partners and attorneys at small, medium and large law firms. As a former practicing attorney and CPA who managed his own law firm in Montgomery County with seventeen employees, Geoff coaches in business development, managing staff, strategic planning, implementing change, reducing stress and improving quality of life. Geoff’s coaching clients are in the Washington, DC area and across the country. You can reach Geoff at [email protected]. The deadline for submission of copy is always the 10th of the month for the following months issue, unless the 10th falls on a weekend ... then it is the Friday prior to the 10th. ~ If you would like information on advertising in this newsletter, please contact Cindy at [email protected]. The Bar Association of Montgomery County, MD Newsletter February, 2016 TECHLECTIC ... By Pat Hoover Bragi Dash offers a new profile and very different way to use earbuds–those annoying corded headsets so many of us have had almost permanently affixed to our ears. Released thru a very successful Kickstarter investment campaign after two years of product development, Bragi has managed to come up with a new and far better option to the current crop of wired and unwired headsets now available to the public. You know the little devices I mean. Apple’s iPhone included buds are white. They’re corded and plug into the iPhone for music listening, telephone conversation and much, much more when used in conjunction with the scads of Apps that play through them. Now Imagine yourself running along the towpath of the C&O Canal enjoying the wooded vistas over the Potomac or jogging through Bethesda’s Crescent Trail marveling in Montgomery County’s beautiful urban nature trail. February, 2016 You're off the grid, right? Despite the best offerings in Bluetooth technology by the likes of Apple, Logitech and other tech behemoths, the last thing you want to have to worry about are the wires and hand controls required to make use of even the smallest and most effective ear phone headsets. Enter the Bragi Dish! No wires just, sound. With two small fitted stand alone earbuds Bragi has revolutionized private music and communications taking it to a new level of streamlines cordless cool. $300 will get you a pair of these smart headphones. Check ‘em out at bragi.com. MX Master mouse. For those interested in swapping out the hassle of multiple mice and separate keyboards that often clutter up the desks of multiple device users, consider this way cool option. The MX Master is highly customizable as is the K811. I managed to unpack each and start to use ‘em within only a few minutes. Ever try a keyboard with your smart phone or tablet? Well you can and should and hopefully will with the K811! For $180 you can order this keyboard and mouse (sold separately), configure them both to work with up to three different devices and chuck your old keyboards and mice, consolidating your desk and leaving you with a smile. I promise! Speaking of wireless (and who isn't?!) Logitech has created a very effective Bluetooth keyboard and mouse duo I highly recommend: the K811 keyboard and The Bar Association of Montgomery County, MD Newsletter REGISTER NOW 2016 Annual Meeting & Law Day Celebration Friday, April 22, 2016 15 MILLER, MILLER & CANBY IS PROUD TO CELEBRA ATE 70 YEARS OF SERVING THE LEGAL NEEDS OF OUR COMMUNITY Y. As one of our public service initiatives commemorating this milestone, we are partnering with MedStar Montgomery Medical Center and The American Red Cross to sponsor a COMM COMMUNITY MMUNITY BLOOD BL OOD DRIVE D IVE We invite you to join us. Wednesday, February 24, 2016 1:00 to 6:30 p.m. MedStar Montgomery Medical Center Conference Room A & B, Ground Floor 18101 Prince Philip Drive, Olney, MD M 20832 To rregister To egister tto o dona donate, te, visit rredcrossblood.org edcrossblood.org o call 1.800 RED C or CROSS. ROSS. Donor D eligibility concerns 1.866.236.3276 Q Ques tions/Concerns: D [email protected] or 240.676.9955 Da 70 TH ANNIVERSARY ANNIVERSAR RY 1946-2016 1946-2016 MILLER, MILLER & CANBY CANB BY Y Law Offices of MILLER, MILLER & CANBY 200-B Monroe Street, Rockville, Maryland 20850 P: 301.762.5212 F: 301.762.6044 www.millermillercanby.com The Bar Associations Insurance Agency, Inc. and FranklinMorris are proud to sponsor Bar Association of Montgomery County, MD 122nd Annual Meeting & Law Day Celebration Friday, April 22, 2016 Bethesda North Marriott Conference Center 5701 Marinelli Road, North Bethesda, MD 20852 ~ 8:00 a.m. PROGRAM SCHEDULE Registration and Continental Breakfast White Flint Amphitheater 9:00 a.m. - 10:50 a.m. Family Law 9:00 a.m. - 9:50 a.m. Administrative Law 11:15 a.m. - 12:15 p.m. New Practitioner 9:00 a.m. - 10:50 a.m. Lawyer Assistance Salon A 10:00 a.m. - 10:50 a.m. Salon B 11:15 a.m. - 12:15 p.m. Salon C 9:00 a.m. - 9:50 a.m. 10:00 a.m. - 12:15 p.m. Federal Practice Intellectual Property & Technology Law Alternative Dispute Resolution Legal Ethics REGISTRATION FORM – Copy This Page and Mail or Fax ~ PLEASE FEEL FREE TO REGISTER ONLINE AT WWW.MONTBAR.ORG ~ To assist in planning the program, please duplicate and complete the form below and mail or fax it today! Please indicate in the space provided if you would like to request a vegetarian meal. YOU MUST PROVIDE ALL INFORMATION AT THE TIME OF REGISTRATION ... NO EXCEPTIONS o Complete Program (includes lunch) Before March 31st......$85 o Lunch Only ..................................................................................$59 ..................................................................................$50 o Morning Programs ONLY o New Practitioner Complete Program o RESERVED Table of 10 (lunch only) Before March 31st......$75 o RESERVED Table of 10 (programs + lunch) Name __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ After March 31st.......$99 After March 31st.......$85 ................................................................................$590 Before March 31st....$850 Vegetarian Meal o o o o o o o o o o After March 31st.....$990 Email Address (required for program) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ CONTACT PERSON: ________________________________________________________________ Firm Name: ________________________________________________________________________ Address: __________________________________________________________________________ Telephone: ________________________________________________________________________ Fax: ______________________________________________________________________________ PLEASE INDICATE METHOD OF PAYMENT TOTAL AMOUNT DUE: $____________ o o Check Included: Make check payable to: Bar Association of Montgomery County, Maryland or BAMC Please charge my Visa/MasterCard/Discover Account: Name on Card______________________________________________ Account # ______________________________________________ (OFFICE USE ONLY – INCOME CODE A-4030.2) Security Code _________ Exp. 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B ' * K < + 3. , .- L 1 (3 1 K (2 G 1 B 1 RB ;/(1 5.- , (+ # 3 B (/3 3.B . B GWTS .3 + 8 B G (2 .9 1H & %5 & %5 C L COMMITTEES & SECTIONS ADMINISTRATIVE LAW SECTION February 3, 2016 April 6, 2016 March 2, 2016 May 4, 2016 All meetings will be held on the 1st Wednesday of the month from 5:30 - 6:30 p.m. in the upstairs conference room of the Bar Association building. On December 10, 2015, the section co-sponsored with the Maryland State Bar Association, Inc., a dinner titled: An Evening with Attorney General Brian E. Frosh. The dinner was held at the Lord Baltimore Hotel, Baltimore Maryland at 6:30 p.m. The dinner was well attended by the Chief Judge for the Office of Administrative Hearings (OAH), Thomas E. Dewberry, other OAH judges and members of the Bar Association for Montgomery County (BAMC). Attorney General Frosh gave a very inspirational speech that was well received by those in attendance. Section member Nicholas Orechwa, Esquire, has published an article within the Maryland Family Law Advocate, December 2015 issue, titled: Handling of Appeals of DSS Findings of Abuse or Neglect Before the Maryland Office of Administrative Hearings: A Basic Primer. The article is well written and provides important information regarding representing clients in the context of OAH appeals for indications of child neglect or child abuse. The Administrative Law Section held its first meeting of the new year on January 6, 2016. Planning for a signature CLE event has begun. We welcome all input from all BAMC members. John Henderson, Chair ALTERNATIVE DISPUTE RESOLUTION SECTION The Alternative Dispute Resolution (ADR) section is doing things differently this year. We are focusing on presenting a few long programs in lieu of holding frequent meetings. On March 10th we are presenting a four hour CLE training program, which MD Rule §17-205 requires of mediators to be on the Circuit Court mediator referral roster. The program will be informative regardless of whether you are on the Circuit Court referral roster or not. Part of the program will be devoted to reviewing recent studies commissioned by the MD Administrative Office of the Courts, “Maryland Judiciary Statewide Evaluation of Alternative Dispute Resolution Effectiveness of Mediator Strategies in Custody Mediation” and “Effectiveness of Various Mediation Strategies on Short-term and Long-term Outcomes” and then using the information to evaluate what works and does not work to overcome impasse yet have a settlement which holds up over time. The Study’s author and the new Executive Director of the Maryland Mediation and Conflict Resolution Office (MACRO) will be presenting along with the Circuit Court’s Special Master for ADR referrals and others. We are also working on the Law Day presentation regarding ADR in professional sports, including the NFL’s Tom Brady arbitration decision. This fall we will hold a CLE on use of ADR in non-divorce family situations, such as guardianship and probate matters. If you would like to get involved in planning an event for the section then please contact Bob or Ken. Bob Baum, Co-Chair Ken Vogel, Co-Chair BUSINESS LAW SECTION C Collaborative ollaborative M Mediation ediation S Services ervices • Communication Co mm uni ca ti on Strategies Strategies • Co-Parenting Co -Pa ren ti ng Education Education • Family F amily System S ys te m - Solution S o lu t ion Focused Focused • Child C hi ld Centered C en te red Parenting Pare nt in g Plans Plans CollaborativeMediationServices.com CollaborativeMediationServices.com [email protected] [email protected] 3301. 01. 8807. 07. 88417 417 February, 2016 The Business Law Section will hold a planning meeting on February 17th from 5:30 to 6:30 pm at Lerch, Early & Brewer’s offices at 3 Bethesda Metro Center, Suite 460, Bethesda, MD. Come meet other section members, network and share ideas and suggestions for programs or CLE seminar topics for the upcoming year. Please RSVP to Judy Kearns at [email protected]. David Kay, Chair CIRCUIT COURT BENCH BAR COMMITTEE MEETING DATES February 3, 2016 April 6, 2016 March 2, 2016 May 4, 2016 June 1, 2016 The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 19 COMMITTEES & SECTIONS (Continued from preceding page) All meetings will be held on the 1st Wednesday of the month at 8:00 a.m. in the Administrative Judge’s Conference Room in the North Tower, Room 3240 of the Circuit Court building in Rockville, unless otherwise noted. The Circuit Court Bench-Bar Committee would like to thank all of those who came out to our well-attended January meeting. The following issues were raised at the January meeting of the Committee: Welcome to Judge Harry Storm The Committee would like to welcome Judge Harry Storm to the bench. Judge Storm will be assigned to the family rotation and his chambers and courtroom will be located in the North Tower, Eighth Floor. Interpreters Please remember to notify the Clerk’s Office if your matter has settled and if you had an interpreter scheduled at least 48 hours in advance. Additionally, please contact the Clerk’s Office if your matter has a hearing scheduled for which parties will not be present or offer testimony and which no interpreter is needed (i.e., motions hearings). The Court and the Clerk’s Office observe that interpreters are often reserved for many motions hearings at which they are unnecessary, at a significant cost to the Court. Please help keep costs to the Court down and call to advise the Clerk’s Office anytime an interpreter will not be necessary. Legislative Session 2016 A bill requesting new judgeships in the Circuit and District Courts in Maryland is expected to again be introduced during the 2016 legislative session. Montgomery County will be requesting 2 new Circuit Court judgeships based upon case filing statistics. Retrofitting North Tower Courtrooms The North Tower courtrooms are being retrofitted with audiovisual technology similar to that which exists in the South Tower courtrooms. As of the start of 2016, all but 3 courtrooms in the North Tower had been retrofitted with new audiovisual technology. Cancellation of ADR Magistrate Rosa would like to remind all attorneys that if you have an ADR appointment in your case, and the case set20 tles or is otherwise dismissed or closed, please inform the assigned retired judge or mediator who was scheduled to perform mediation. Mediators are reporting appearing for purposes of conducting mediation only to learn that the case is closed. Closure of Monroe Street Entrance The Sheriff encourages visitors to the Courthouse to utilize the Terrace Level entrance to the Courthouse (on the ground level between the Circuit Court Building and the Executive Office Building, along East Jefferson Street). The Monroe Street Entrance to the Circuit Court will be closed through at least September 2016. While this closure has caused substantially more volume at the security checkpoints at the Maryland Avenue entrance, the Terrace Level entrance remains under-utilized. If you have any concerns to bring to the Committee’s attention, please feel free to contact David C. Merkin at [email protected]; Jeremy D. Rachlin at [email protected]; or, Michael A. Taylor at [email protected]. We wish everyone a happy, healthy, and prosperous new year! David Merkin, Co-Chair Jeremy Rachlin, Co-Chair Michael Taylor, Co-Chair COLLABORATIVE LAW SECTION MEETING DATES February 17, 2016 April 20, 2016 March 16, 2016 May 18, 2016 June 15, 2016 All of our meetings take place from 5:30 p.m. to 7:30 p.m. in the BAMC Conference Room (upstairs) unless otherwise specified and we break bread togeth- er at every meeting, courtesy of our generous sponsor, Jeanne Koerber of RE/MAX Success in Potomac, Maryland. All members of BAMC who practice Family (Domestic Relations) and other than criminal law are welcome and need not be collaboratively trained or members of the Collaborative Law Section to attend. We appreciate but do not require RSVPs. However, they help us with head counts for our sponsored dinners. We look forward to seeing you. It’s hard to believe that it’s already the second month of the year! Hopefully, you have settled into your planned routine for the year and are faithfully implementing your New Year resolutions. In case you need help to stay on track, we have the following questions for you: • Do you have great intentions when it comes to marketing your practice and often forget to follow through? • Do you have a written marketing plan that you develop each year? • Do you wonder why none of the marketing you do works for you? • Do you make great contacts at networking events and then fail to follow up? • Do you find yourself constantly having knee-jerk reactions in your law practice and feeling frustrated by your lack of time to get to the really important tasks? If you can relate to any of the challenges identified above, you might want to attend Craig Strent’s presentation at our next meeting on Wednesday, February 17, 2016. Craig and his partner started Apex Home Loans in a hallway in Greenbelt, Maryland in 1998. Today, Apex Home Loans is one of the largest GIVE G IVE Y YOUR OU R C CASELOAD A SE L O A D A BIG G BOOST BOO S T & INCREASE INC R E A SE R RESPONSE ESP ONSE RATES R AT ES Sear ching for for current current criminal off ense data? data? Using your your state state database can be Searching offense a limiting experience, experience, with slow slow turnaround turnaround and no options for for customization. customization. CASE SEARCH PROVIDES: Targeted Reach: customizable searches with demographic and criteria filters Faster Searches: reach potential clients first, before your competitors Complete Solution: we can handle the logistics of printing & mailing your correspondence Customer Support: with a live agent, every time The Bar Association of Montgomery County, MD Newsletter CUSTOMIZE D DATA FOR TARGETE D LEGAL MARKETING CaseSearchLLC.com 410-871-8144 February, 2016 COMMITTEES & SECTIONS independent mortgage banking firms in our region, with more than ninety employees and six branch offices across five states. Craig will give a presentation on how he finds time to do it all, while nurturing and expanding his client base. He is recognized as one of the top Mortgage Originators in America and speaks regularly on marketing topics. We wish to note, as a caveat, that mortgage business is clearly different from the business of law practice. Therefore, we, as attorneys, are individually responsible for complying with all of the Rules prescribed in Maryland Rules of Professional Conduct (MPRC). Eshigo Okasili, Co-Chair Eric Wexler, Co-Chair February 21, 2016; Landon We are seeking amazing Bar Association volunteers for both events! Please stay tuned on the Special Olympics Listserve and look for additional specific information. If you would like to volunteer for either of these wonderful events please email Revee Walters at [email protected] Not a member of the Special Olympics Listserv? To sign-up for the listserv, please contact Emily Gelmann at [email protected] SAVE THE DATE, MARCH 3, 2016: we will once again be partnering with Kendra Scott for a night of wine, treats, and jewelry! 20% of all proceeds will go to the Montgomery Avenue Women’s Shelter. Please join us from COMMUNITY OUTREACH 6:00 p.m. – 8:00 p.m. and SHOP FOR A COMMERCIAL LITIGATION COMMITTEE SECTION It’s time to get ready for the Special CAUSE! The Community Outreach The Commercial Litigation Section Olympics 2016 Basketball Tournaments! Committee continues to volunteer the is excited about the upcoming year. The Come out and volunteer! second Friday of every month at February 14, 2016; Georgetown Prep schedule for the year is as follows: Shepherd’s Table. Shepherd’s Table proKackzkowski v. Bolubasz hous employee stock options household services vides basic services to those in need and reduction to present value McClinton V. White hedonic da specifically provides a dinner meal from s-corp mployee stock options ERISA MCARE product 6:00 p.m. to 7:30 p.m., seven nights a cost of capital personal maintenance cost of capital ffringe FRINGEBENElTSmitigation corp i g ss-corp reduction d i to present value employee stock optionsweek. Please contact Revee Walters at i hedonic damages productivity earnings [email protected] if you are FRINGEBENElTS reduction to present value productivity mages front p pay y interested in volunteering. ns Kackzkowski v. Bolubasz household services life expectancy s-corp household services hedon If you have any thoughts or comWhite hous employee stock options McClinton V.productivity ces produc i i household ser White McClinton WHAT SIDE OF THE BELTWAY YOUR CASE IS ON, ments for the Committee, please contact hedonic damages MCARE corp Kackzkowski v. Bolubasz ERISA MCARE Emily at [email protected] or pital personal maintenance cost of capital productivity mitigation cost of capital Revee at [email protected]. ss-corp corp ffringe i earnings g reduction d i to present value employee stock options hedonic damages p i y earnings productiv oductivstock options employee Emily Gelmann, Co-Chair PERSONAL INJURY EMPLOYMENT DISCRIMINATION COMMERCIAL DISPUTES FRINGEBENElTS reduction to present value hedonic damages productivity dductivity front p pay y Revée Walters, Co-Chair ancy employee Kackzkowski v. Bolubasz household services life expectancy s-corp household ser pl y stock options p www.cfes.com Bolubasz household McCl employee stock options services WINNER BEST EXPERT: [email protected] DISTRICT COURT BENCH reduction to present value V. White LEGALMcClinton INTELLIGENCER 2013 hedonic damages MCA 800.966.6099 NEWMCARE JERSEY LAW JOURNAL s-corp2013 ptions ERISA BAR COMMITTEE productivity Kackzkowsk BENElTSmitigation cost of capital personal maintenance cost of capital ss-corp corp earning February 4, 2016 April 7, 2016 d ti t t l i March 3, 2016 May 5, 2016 Meetings will be held on the 1st Thursday of the month at 8AM in the Judges Conference Room in the District Court building, 191 East Jefferson St., Actuaries & Consultants since 1979 Rockville, MD, unless otherwise noted. • Pension Divorce Valuations • Actuarial Valuations The District Court Bench Bar • 401 (k) Marital Tracings • Expert Testimony Committee held its first meeting of 2016 • Wrongful Death & Personal Injury Analyses on Thursday January 7, 2016. There are • Loss of Earnings Studies several matters that are of interest to the www.pushkinandpushkin.com bar. Member of the National Association of Forensic Economics Court Closings: As winter has finally arrived, the Pushkin & Pushkin, Inc. court advises that the weather closing 30 E Padonia Rd., Suite 406 • Timonium, MD 21093 Baltimore: 410.561.1945 • Washington: 301.951.9430 procedure will be the same as last year. March 8, 2016** April 12, 2016+ May 17, 2016* *Stein Sperling Offices, 8AM **Lerch Early & Brewer Offices, 5:30PM +CLE Seminar to be held at BAMC Offices The next meeting of the Commercial Litigation Section will take place on March 8, 2016 from 5:30 to 6:30 pm at Lerch, Early & Brewer, Chtd. in Bethesda. We are delighted to welcome the Honorable Harry C. Storm of the Circuit Court for Montgomery County, Maryland as our speaker. Light refreshments will be provided. Please RSVP to Lace Pendleton at [email protected]. Mary Lombardo, Co-Chair Michael Neary, Co-Chair DAMAGES IT DOES NOT MATTER DAMAGES IT’S ECONOMICS TO US. ■ ■ ECONOMIC VALUATIONS DAMAGES February, 2016 Pushkin & Pushkin, Inc. The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 21 COMMITTEES & SECTIONS (Continued from preceding page) The Circuit Court and the District Court administrative judges will make a joint decision regarding whether there will be any court closing due to bad weather. The decision is usually made no later than 5:00 a.m. in the morning. As soon as a decision is made, the major news outlets are notified, as well as the Judiciary website. See, http://mdcourts.gov/ administration/closingsdelays.html Judicial Conference: District Court will be on a greatly reduced schedule in June while the Annual Judicial Conference is held in Ocean City at the same time as the MSBA Annual Meeting, Wednesday June 15 through Friday, June 17, 2015. Bond hearings, domestic violence orders and peace orders will still be heard, but largely with “Visiting Judges” handling the dockets. Preliminary Hearings: Where a preliminary hearing is being waived, the Defendant must still appear in court on the Friday hearing date unless 22 the written waiver is filed by the close of business on the Wednesday before the hearing. If not, the Defendant is expected to appear and a bench warrant Assistant State’s could be issued. Attorneys have no authority to waive the appearance of the Defendant.. On Going Events Criminal and Traffic Dockets: The judges are having a final meeting on the exact procedures that will be followed beginning sometime early this year on the calling of criminal and traffic dockets. After the new procedure is implemented, these dockets will no longer be called by the Assistant State’s Attorneys. Instead, either the clerk or the assigned judge will be calling cases to assess the status of the docket and determining in what order preliminary matters, pleas and trials will be heard. Final details of the new procedure will be appearing in this space before the change occurs. District Court Meet and Greet: The court is planning a program for attorneys who have an interest in learning more about practice before the District Court. The Judges and staff will provide information, tips, policies and procedures, best practices, etc. The event is scheduled for Wednesday, April 6, 2016. More information will be forthcoming, but current plans call for a multifaceted program beginning at 2:00 p.m. and running about two hours. It is likely that judges and court personnel will also appear at a venue in Rockville Town Center for a social hour after the program concludes. Civil Matters Judgments and Executions: Attorneys are filing attachments and executions on judgments where the name of the Defendant does not match the name on the judgment. If, for any reason, it is necessary to pursue the same individual under a different name, the Plaintiff’s attorney should file a motion with the court to amend the name of the Defendant. If a judgment creditor purchases or takes assignment of a judgment, it is nec- The Bar Association of Montgomery County, MD Newsletter February, 2016 COMMITTEES & SECTIONS essary to file the proper paperwork so that the Plaintiff’s name on the attachment or execution on the judgment matches the owner of the judgment. When listing costs on an attachment or execution, the judgment creditor’s attorney should only list the actual court costs in the file, and not costs that are not part of the costs that were awarded by the court or subsequently incurred with the court. Resolutions Docket: Attorneys who have cases on the resolutions docket should not be adding additional fees to their claims for appearing and negotiating payments arrangements with Defendants at the time of the resolutions docket. Reg Bours, Co-Chair Richard London, Co-Chair EDUCATION LAW SECTION MEETING DATES February 11, 2016 April 14, 2016 March 10, 2016 May 12, 2016 June 9, 2016 We hope all of you have had a relaxing summer and we are looking forward to seeing all of you soon. We are excited to re-group with our monthly meetings. We meet the 2nd Thursday of each month in the bar office at Noon. David Bach, Co-Chair Pat Hoover, Co-Chair ELDER LAW SECTION MEETING DATES February 10, 2016 April 13, 2016 March 9, 2016 May 11, 2016 The Elder Law Section will proceed with its long standing pattern of holding meetings September through May, on the 2nd Wednesday of the month from 8AM - 9AM in the upstairs conference room of the Bar Association building. February 10, 2015; 8:00 – 9:00 a.m. Topic: Use of Annuities in Medicaid Planning Presenters: May-lis Manley, Esq. Morris Klein, Co-Chair Mary Jo Broussard-Speier, Co-Chair ESTATE & TRUST LAW SECTION MEETING DATES February 29, 2016 March 28, 2016 April 25, 2016 Meetings will be held at Noon (lunch will be available starting at 11:30a.m.) at the offices of Shulman, Rogers, Gandal, Pordy & Ecker, located at 12505 Park Potomac Ave., 6th Floor, Potomac, MD 20854, unless otherwise noted. Please plan to arrive by 11:45 for lunch. Our programs will begin at noon sharp, and end no later than 1 pm. Please remember to RSVP as we order lunch based on those RSVPs. Contact Christine Hutt at 301-230-6565 x5392 or [email protected] to RSVP. Jay Eisenberg, Chair FAMILY LAW SECTION 2015-2016 Section Meeting Dates • February 25, 2016 • March 24, 2016 **5:00 p.m. in Courtroom 1; (Family Law Magistrates’ Roundtable) • April 28, 2016 • May 26, 2016 **Practitioner of Litigation Support – Expert Witness Testimony Business Valuation – Pension Valuation – Financial Analysis Forensic Accounting – Financial Fraud Investigations Tax Issues – Income Tax Preparation Alan Zipp Certified Public Accountant Attorney at Law Certified Business Appraiser Certified Fraud Examiner Telephone 301-340-0084 – [email protected] 932 Hungerford Drive, Suite 13 Rockville, MD 20850 February, 2016 the Year Award Dinner (Time and Place TBD.) Please note that all Family Law Section Meetings are approximately 1 hour long and will take place at 5:30 p.m. in the Bar Office, CLE Classroom, except as otherwise noted. Please join us for our next section meeting on February 25, 2016 at 5:30 pm in the BAMC classroom for our program on Child-related Tax Issues— What are they and what do you do with them?” presented by Eric Rollinger, Heather Collier, and Erik Arena. This program will cover a number of tax issues related to filing status, dependency exemptions, and related tax credits and deductions, which should be on your radar as a part of any case involving children. Bitcoin: Learn how Bitcoin, a digitally encrypted currency, is relevant to you and your clients. Join the Family Law Section and the Tax Section on Thursday, February 4, from 5:30 to 7:30 pm in the Bar Association CLE Classroom as we host Andrew Hinkes, Esq. of Berger Singerman LLP in Fort Lauderdale, Florida. Mr. Hinkes will discuss the basics of bitcoin, tracing transfers, using bitcoin to buy real property, tax treatment, regulatory issues, bankruptcy issues and anti-money laundering issues. This cutting edge CLE is not to be missed. Please note early bird rates run through January 21; rates increase on January 22. Rita Rosenkrantz Basic Family Law Training: This practical six hour training covers the nuts and bolts of family law, including: (1) Initial Interview/Retainer Agreements; (2) Pleadings & Divorce Grounds, Scheduling Hearings, Uncontested Divorce Hearings; (3) Discovery, Financial Statements, and Marital Property Statements; (4) Pendente Lite Financial Issues, Obtaining Attorneys’ Fees, Voluntary Impoverishment, Child Support, Taking Exceptions to a Magistrate’s Recommendations; (5) Litigating a Child Custody Case; and (6) Marital Settlement Agreements. The extensive materials exceed 700 pages and include many sample forms. The class is scheduled for two evenings: Monday, April 11, 2016 & The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 23 COMMITTEES & SECTIONS (Continued from preceding page) Wednesday, April 13, 2016 from 5:30 to 8:30 pm at the BAMC CLE Classroom. The panel of speakers includes Casey Weinberg Florance, Heather Hostetter, Jessica Markham, Howard Soypher, Scott Strickler, and John Weaver. Space is limited to 45 registrants. The course is free to attorneys who agree to take a pro bono case at the time of the training, and $250 ($270 after early bird rate ends) for those who do not take a pro bono case. Finally, please save the date for our Annual Family Law Update on Wednesday, May 4 from 5:30 until 8:30 pm in the BAMC CLE classroom: Bryan Renehan and Paul Reinstein will present new family law cases and legislative updates from the past 12 months. They will discuss the most recent cases regarding our practice area, including such topics as divorce, custody, contempt, child support, and domestic violence, as well as evidentiary issues. They will also address the impact of recent legislative updates on the practice of family law. Space is limited to 45 registrants. This CLE is always highly informative and usually sells out– don’t miss it! Social Media Committee The Family Law Section is now online! For all section information, upcoming events, presentations, and CLEs please “like” our Facebook page: BAMC Family Law Section which is regularly updated with all the Section’s happenings. Find us at www.facebook.com/bamcfamilylaw. Want to see or post pictures from our great events? Follow us on Instagram @BAMCFamilyLaw. Please join our LinkedIn group to find out more about upcoming CLEs and section presentations, read articles by our esteemed presenters, and join in the conversation about the presentations! You can find our LinkedIn group at: https://www.linkedin.com/groups/ Bar-Association-Montgomery-CountyFamily-8365915/about Got an exciting upcoming event? Contact the Social Media Sub-Committee Chairs, Emily Gelmann, [email protected]; and Sara Cimino, [email protected], to post it on our social media! Social Events • Spring Happy Hour – Thursday, March 10, 2016, location TBD 24 • End of Year Dinner/Practitioner of the Year Award – TBD in May 2016 Finally, a few notes of gratitude: First, to Morriah Horani for addressing our section during our January meeting and for her informative program on the obligation of adults to support their parents and adult children. Second, a belated, but huge THANK YOU to Delaney McKinney for hosting our Family Law Section Holiday Party, as well as all of our volunteers who helped make the event a success. Once again, the party was very well attended, and a first class affair! Sandy Brooks, Co-Chair Christina Hughes, Co-Chair Chris Roberts, Co-Chair IMMIGRATION LAW SECTION MEETING DATES February 4, 2016 March 3, 2016 Our section meetings are scheduled for 12:30 p.m. to 2:00 p.m. at the upstairs conference room of the Bar Building. Happy New Year to you all. We are continuing this year with two more brown bag luncheons and one confirmed CLE seminar. I hope many of you can join these training opportunities. Upcoming Section meetings: - Thursday, February 4; 12:30p.m. o Fee Structures in Modern Reality of Immigration Law Practice - Thursday, March 17; 12:30p.m. o Most Expensive Tax Mistakes that Cost Attorneys Thousands by Ms. Kim Bey from Bey & Associates CPAs Upcoming CLE Seminars: - Tuesday, March 29; 5:30p.m. o Post-conviction Relief o Speaker: Gabriela Kahrl, Immigration Director at Maryland Office of the Public Defender As always, if you are interested in becoming a speaker for our Section meetings or are willing to be a mentor, please contact me at [email protected]. Parva Fattahi, Chair We work with many of Montgomery County’s best corporate, litigation, estate and trust attorneys in Managing Money Matters™ • Investment Strategies • Retirement & Succession • Portfolio Management • Asset Transfers • Income & Estate Tax Planning • Legacy & College Planning RJFS & SPC Financial, Inc., do not provide tax or legal advice. *Tax services & analysis are provided by the related firm Sella & Martinic, LLC through a separate engagement letter with clients. Sella & Martinic, LLC is independent of RJFS. © Copyright 2016 3202 Tower Oaks Blvd., Suite 400 Rockville, MD 20852-4216 — SECURITIES OFFERED THROUGH — Raymond James Financial Services, Inc. Member FINRA/SIPC The Bar Association of Montgomery County, MD Newsletter 301-770-6800 www.spcfinancial.com February, 2016 COMMITTEES & SECTIONS INTELLECTUAL PROPERTY & TECHNOLOGY LAW SECTION The Intellectual Property & Technology Section is planning programs for the Spring and Summer after the conclusion of its ongoing IP Basics series on January 30th. The upcoming programs will address more advanced materials for the IP practitioner. Stay tuned for more information. If any MoCo practitioners are interested in presenting, please contact either Co-Chair. After completing the discussions on patents on November 11, 2015 and December 1, 2015, the IP Basics series concluded on January 30, 2016 with trademark, copyright and trade secret IP protections, with a brief discussion of the antitrust laws that intersect with IP. The Presenter, IP Section Co-Chair Raymond Van Dyke, has taught a class on IP for over 16 years on various aspects of IP and technology, and is pleased to support the Organization. A March meeting is being planned. Please contact Ray Van Dyke or Michael Greenberg if you have any ideas for upcoming events. Michael Greenberg, Co-Chair Raymond Van Dyke, Co-Chair LAW FIRM MANAGEMENT SECTION MEETING DATES February 18, 2016 April 21, 2016 March 17, 2016 May 19, 2016 Meetings will be held on the 3rd Thursday of the month at 8AM at the offices of Hostetter Strent, 7201 Wisconsin Ave., Suite 675, Bethesda, MD 20814, unless otherwise noted. Amy Strent, Chair LAWYER ASSISTANCE COMMITTEE MEETING DATES February 10, 2016 March 9, 2016 April 13, 2016 May 11, 2016 Jezic & Moyse Hires Virginia Lawyer Clifford Clapp focuses on criminal and traffic violations in Northern Virginia. He earned an LL.M. in Advocacy from American University’s Washington College of Law, where he also earned his J.D. Cliff clerked for the Public Defender Service for the District of Columbia and interned at the Fairfax County Public Defender’s Office. Cliff is fluent in Spanish. Jezicfirm.com 240-292-7200 February, 2016 703-763-7708 Meetings will be held on the 2nd Wednesday of the month from 5:30 - 6:30 p.m. in the upstairs conference room of the Bar Association building. Karen Alegi, Co-Chair Bill Hewitt, Co-Chair LEGAL ETHICS COMMITTEE MEETING DATES February 18, 2016 April 21, 2016 March 17, 2016 May 19, 2016 All meetings will be held 4:30p.m. on the 3rd Thursday of the month in the upstairs conference room of the Bar Association building. Allen Katz, Co-Chair Sam Shapiro, Co-Chair Dan Shea, Co-Chair MEMBERSHIP BENEFITS COMMITTEE MEETING DATES February 8, 2016* April 11, 2016* March 7, 2016** May 4, 2016** *5PM at Bar Louie, Rockville **5PM teleconference Kate McQueen, Co-Chair Rand Gelber Co-Chair MENTOR/MENTEE COMMITTEE The mentor/mentee program is still accepting new mentor/mentees! This program is designed to aid new attorneys in developing and shaping their future careers through the support, guidance, and recommendations of a senior practitioner. If you have been practicing law for more than seven years, the Mentor/Mentee Committee is looking for your help to mentor and develop the next generation of attorneys in the Montgomery County Bar Association. If you have been practicing law for less than seven years and would like guidance from a mentor, we encourage you to apply to get a mentor. Applications to become a mentor or a mentee are available at http://www.barmont.org/?164. They can be submitted to either Co-Chair, Elizabeth at [email protected] or Shuaa at [email protected]. Elizabeth McInturff, Co-Chair Shuaa Tajammul, Co-Chair The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 25 COMMITTEES & SECTIONS (Continued from preceding page) NEW PRACTITIONER SECTION March, 2016* April 22, 2016** *New Admittee Courthouse Tour & Reception **Annual Meeting Session The Courthouse Tour and Reception date will be announced in next month’s newsletter and through the NP section listserve. Thank you to everyone who helped kick off the year at the Bethesda happy hour. It was the perfect way to ring in 2016! This month, continue checking off your New Year’s resolutions by joining us to volunteer at MANNA Food Bank. This is a wonderful event with limited space, so look out for an e-mail with the date and time. Judy Cornwell, Co-Chair Caitlin Grant, Co-Chair PERSONAL INJURY LITIGATION SECTION February 19, 2016 March 18, 2016 All meetings will be held at Noon on the 3rd Friday (rather than the last Friday) of the month in the upstairs conference room of the Bar Association building. Paul Chung, Co-Chair Andre Forte, Co-Chair REAL ESTATE SECTION MEETING DATES February 9, 2016 April 12, 2016 March 8, 2016 May 10, 2016 Meetings will be held on the 2nd Tuesday of the month at 8:00 a.m. at the offices of Shulman Rogers, located at 12505 Park Potomac Ave., 6th Floor, Potomac, MD 20854. Matt Alegi, Co-Chair Sarah Cline, Co-Chair ([email protected]) or David Schiller ([email protected]). Evan Goitein, Co-Chair David Schiller, Co-Chair TAXATION LAW SECTION Please save the date for an a February 4, 2016 CLE on Bitcoin jointly hosted with the Tax and Family Law Sections from 5:30pm to 7:30pm. The speaker is Andrew Hinkes, Esq. of Berger Singerman LLP in Fort Lauderdale, Florida. Mr. Hinkes will discuss the basics of bitcoin, tracing transfers, using bitcoin to buy real property, tax treatment, regulatory issues, bankruptcy issues, anti-money laundering issues. If you would like to receive our BAMC Taxation Law Section listserve messages, please contact Cindy at [email protected]. John Pontius, Co-Chair Mark Schweighofer, Co-Chair YOUTH COURTHOUSE PROJECT COMMITTEE MEETING DATES February 9, 2016 April 12, 2016 March 8, 2016 May 10, 2016 Meetings are held on the 2nd Tuesday of the month at 12:15 PM in the upstairs conference room of the Bar Association building, unless otherwise noted. Steve Chaikin, Co-Chair Patricia Via, Co-Chair The Bar Center is Your Center! The Office away from your Office A private office available for members to use to meet clients, or just spend time working while waiting between hearings. Video Conference Room A brand new conference room set up with the latest in video conferencing capabilities. ~ These spaces are yours to use as members of the Bar Association of Montgomery County, MD. They are handicap accessible, and WiFi is available in all of the Bar Center. To reserve either room, simply contact Maria at 301-424-3454 or [email protected]. The Bar Center Bar Association of Montgomery County. MD 27 W Jefferson Street, Rockville, MD 20850 SOLO & SMALL FIRM SECTION The BAMC has revived the Solo & Small Firm Section to address the needs and provide a forum for the exchange of information addressed to those practicing in firms of 1-3 attorneys. If you were unable to attend the January meeting, but would like to become a member of the Solo & Small Firm Section, please contact Evan Goitein 26 The Bar Association of Montgomery County, MD Newsletter February, 2016 Protecting Pr ottecting ec g our ou Community C om mmunity iy Com *VUÄKLUJL *VUÄKLUJL Character C h haracte err Ch a acte takes the [V[HRLVUNYV\UKIYLHRPUNJHZLZHUK[OL [V[HRLVUNYV\UKIYLHRPUNJHZLZHUK[OL [[VILHMLHYSLZZHK]VJH[L VILHMLHYSLZZHK]VJH[L For more than 40 years, 1VZLWO.YLLU^HSK 3HHRL7( has provided Maryland and Washington D.C. residents with skilled guidance in all aspects of personal injury cases. (JJLW[PUN9\SL 9LSH[LKH[[VYUL`Z! YLMLYYHSZPU[OLHYL LHZVM! Andrew E. Greenwald Auto Accidents Burt M. Kahn Medical Malpractice Walter E. Laake, Jr. Product Liability Timothy othy F F.. Maloney Professional Negligence Steven M. Pavsner Wrongful Death Steven B. Vinick Community * *VUÄKLUJL VUÄKLUJL * *OHYHJ[LY OHYHJ[LY Prince George’s County | Montgomery County | District of Columbia | jgllaw.com February, 2016 The Bar Association of Montgomery County, MD Newsletter 27 Debbie Craven, Program Coordinator PRO BONO UPDATE ~ JOIN YOUR COLLEAGUES IN SERVING YOUR COMMUNITY ... CALL DEBBIE AT 301-762-5831 ~ Thank you to both Robert Brewer, Jr. and the law firm of Lerch, Early & Brewer, Chartered for their very generous contribution to the Pro Bono Program. We sincerely appreciate your philanthropic investment that will assist the Foundation in carrying out its stated purpose of education, charitable and community projects. Thank you to our wonderful volunteers at the Evening Clinics and dedicated volunteer attorneys who take a Pro Bono case into their office for resolution. Your continued participation will carry us forward. It is never too late to get involved, and there are ample opportunities. Our community residents really need you! Your call to volunteer will make a difference to those without resources. Our success is predicated on your commitment. The Pro Bono Program provides two ways for county residents to receive free legal services in civil cases – at a legal advice clinic or through the client intake line for referral to an attorney volunteer for direct representation. Our legal advice clinics offer a very unique opportunity to get a glance of the many complex issues facing so many people within our community. The Pro Bono evening legal clinics operate in five locations across the county and provide residents the opportunity to walk-in and meet with an attorney volunteer without scheduling an appoint- ment. Eligible clients present their legal problems to an attorney and receive free immediate legal advice and/or referral to a non-profit or government social service agency that may be helpful. The client intake line operates out of the main office where the staff screens calls from prospective clients. The Pro Bono Program staff conducts all screenings over the phone only. The Pro Bono Program provides FREE LEGAL TRAINING to attorney volunteers. It is never too early to register for The Rita Rosenkrantz Family Law Training to be held the evenings of April 11 & 13, 2016. Another option is via webcast. Please call Yesenia, CLE Coordinator at 301.340.2534 for additional details or feel free to check the website, www.montbar.org. Other exciting news is that the Pro Bono Program has purchased the Best Case Bankruptcy Software. Best Case Software helps prepare different bankruptcy chapters. The Software purchased includes both Chapters 7* & 11. A computer, printer, and Internet are available for use. *Please keep in mind that the Pro Bono Program will continue to only handle Chapter 7 Bankruptcy. The Pro Bono Program currently is participating in three projects. First, we participate in the Judicare Project. Contested custody and complex family law cases are referred at a reduced fee to LEGAL ADVICE CLINICS Charles Gilchrist Center for Cultural Diversity – Gaithersburg Library 18330 Montgomery Village Avenue Gaithersburg, Maryland 20879 2nd and 4th Monday of each month 6:00 PM to 8:30 PM Charles Gilchrist Center for Cultural Diversity - Upcounty Service Center 12900 Middlebrook Road Germantown, MD 20874 2nd and 4th Tuesday of each month 6:00 PM to 8:30 PM TESS Community Service Center 8513 Piney Branch Road Silver Spring, Maryland 20901 1st and 3rd Wednesday of each month 6:00 PM to 8:30 PM Ana G. Mendez University System Capital Area Campus 11006 Veirs Mill Road, Suite L-1 Wheaton, Maryland 20902 2nd and 4th Wednesday of each month 5:30 PM to 8:30 PM EASTERN County Regional Service Center 3300 Briggs Chaney Road Silver Spring, MD 20904 1st and 2nd Thursday of each month 5:30 PM to 8:30 PM All attorney volunteers must be scheduled in advance into the clinics. Please call 301.762.5831 to add your name to the volunteer schedule for a clinic! The first halfhour of each clinic is for client registration; attorneys should arrive no later than one-half hour after the posted start time of a clinic. 28 experienced family law attorneys. Attorneys can seek reimbursement of $80 per hour with a cap of 20 hours per case. The Pro Bono Program requires that the attorney must accept a pro bono case for each case accepted under the Judicare Project. Second, we have a working agreement with the Collaboration Project of Maryland for family law case referrals that include modifications. Third, we refer eligible clients with debt buyer cases to attorney volunteers for direct representation under the Consumer Protection Project. “We do not remember days, we remember moments”, Cesare Pavese. On behalf of the Board of Directors of the Bar Foundation, we would like to extend a heartfelt thank you to the following attorneys for their time, dedication, positive attitude, and service for the month of December 2015. Pro Bono / Judicare Case Referrals Ashrafi, Safa Chimah, Bernadette Cortes, Jennifer Day, Kristina Dodd, Richard* Dubin, Herbert* Fireison, Louis Hotz, Heidi* Issacs, Jonathan* Johannessen, Ellery* Singer, Eric* Uchegbu, Uchechi* Walsh, Howard* West, Pamela* Whitfield, Lynette Eastern Montgomery Regional County Service Center Montero, R. Manny+ Washington, Juan+ Pugliese, Elizabeth Gilchrist Center – Gaithersburg Price, Daryl+ Hansen, Angela Whitfield, Lynette+ Gilchrist Center – Germantown Hoverman, Andrew Parsons Jr., James Pugliese, Elizabeth+ Radice, Alex+ Razaghi, Kiyanoush Tajammul, Shuaa Wagman, Robert Washington, Juan Whitfield, Lynette Ana G. Mendez – Wheaton Akamigbo, Chijioke+ Bunker, Mary Garrett Chimah, Bernadette Clark, Joanne Fairchild, Cleveland Renner, Richard Umeh, Kaosy Vega, David+ TESS Community Center Akamigbo, Chijioke + Bradley-Chacon, Jacqueline Chimah, Bernadette Krohn, Dana Lewis, Harry Moleus, Pascal Renner, Richard Stein, Gary Stevens, Jamie Umeh, Kasoy Vega, David+ Washington, Juan C. + West, Pamela Williams, Prince * = accepted more than 1 case + = Supervising Attorney The Bar Association of Montgomery County, MD Newsletter February, 2016 SPECIALTY BAR ASSOCIATIONS J. FRANKLYN BOURNE BAR ASSOCIATION Happy New Year. The Montgomery County Committee for the J Franklyn Bourne Bar Association meets the first Saturday of every month, unless otherwise indicated. The next meeting will be held on Saturday, February 6, 2016 at 9:30 a.m. A light breakfast will be served. For more information, please contact Lynndolyn Mitchell at (301) 340-2541 or [email protected] or Jill Cummins at (301) 792-3115 or [email protected]. Presidential Reception: On Saturday, January 9, 2016, the Montgomery county committee held a presidential reception honoring the incoming president, Mahasin El-Amin, and the outgoing president, the Honorable Erek L. Barron, as well as past presidents of the J Franklyn Bourne Bar Association. The event was catered by The Woodside Deli located in Rockville, Maryland. 2016 High School Oratorical Competition: The J Franklyn Bourne Bar Association’s Annual High School Oratorical Contest for 11th and 12th grade students in Montgomery and Prince George’s county will be held on Saturday, February 27, 2016 at 10:00 a.m. The snow date is March 5, 2016 at 10:00 a.m. The event will be held at the Prince George’s County Administration Building 14741 Governor Oden Bowie drive, Upper Marlboro, MD 20772. This year’s topic: Is “Affirmative Action” Still Needed and Justifiable? We are still accepting students for the competition. For more information, contact Alexandra Cohen, [email protected], (301) 9523783. Meeting Dates: The General Body meetings for J. Franklyn Bourne are held on the third Thursday of the month. The next meeting will be held on Thursday, February 18, 2016 at 6:00 p.m. at 9701 Apollo Drive, Training room, Upper Marlboro, MD 20774. For more information relating to the General Body meetings, please contact President Mahasin El-Amin at [email protected]. Jill Cummins, Co-Chair Lynndolyn T. Mitchell, Co-Chair February, 2016 MONTGOMERY COUNTY WOMEN’S BAR ASSOCIATION Happy New Year! On behalf of the entire Women’s Bar Association, I wish each and every one of you a healthy and joyous New Year. YOUR ATTENTION PLEASE! I want to remind ALL of the members of the WBA and the BAMC that the WBA Auction Committee is now officially in high gear for the Auction which will be held on Saturday, March 5, 2016 at the Silver Spring Civic Center. We need YOUR help to make it a success. The next auction planning meeting will be held on February 9, 2016 at 12:30 p.m. in the 4th floor Conference Room of the South Tower of the Circuit Court. It is still not too late to get involved and donate your time, a sponsorship, an auction item or any combination thereof! Have a connection to a beach rental? Ask that person if they’d be willing to donate a weekend! Have some unused gift cards from the holidays? Donte them to the auction! Available to help set-up or clean-up on the day of the auction? Let us know! Please also be sure to get yourselves and your law firms registered for the auction! For information about auction donations, please contact our Donations Chair, Roz Tang. For other information about the auction, please contact our Event Chairs Heather Collier or Lili Khozeimeh. Thank you so much to Lili, Heather, Roz and the rest of the auction team. We could not do all of this without your help! CONGRATULATIONS! The WBA would like to extend its congratulations to the Honorable Michele Hotten on her appointment to Maryland's highest court. Gov. Larry Hogan swore in Judge Hotten to the Maryland Court of Appeals during a December ceremony in the Maryland House of Delegates in Annapolis. Judge Hotten is the first African American and the first woman from Prince George’s County to serve on Maryland’s highest Court. The Court’s 7-judge panel is now comprised of 5 women and 2 men and headed by Montgomery County’s very own Chief Judge Mary Ellen Barbera. ANNUAL MEETING - Registration forms are now available and hotel rooms are going FAST for the WBA Annual Meeting on April 8-9, 2016 at the Tidewater Inn in Easton, Maryland. For additional information or to register, please contact me or our executive director, Maria Twigg ([email protected]). SAVE THE DATES - Please be sure to mark your calendars for our remaining 2015-2016 Chapter Meetings: • February 9, 2016 • March 8, 2016 • April 12, 2016 – Telephone Conference • May 10, 2016 All Chapter Meetings are held at 12:30 p.m. in the 4th floor Conference Room of the South Tower of the Circuit Court, unless otherwise noted. Aside from the auction, our Chapter has many exciting programs and events coming up in 2016 including a Spring Happy Hour (date and location TBD) and our Annual Take Your Child to Work Luncheon on April 21, 2016. Be sure to check out our next newsletter, Facebook, Twitter and the list serve for information on our spring programs. Finally, Alicia Lucero, our nominations chair, will be sending an email concerning the nominations process for next year’s executive committee. We hope many of you will consider getting more involved in WBA leadership positions. It has been wonderful to have so many new, enthusiastic members in our Chapter this year and I certainly hope this level of involvement and energy continues! Kate McDonough, President SIMON E. SOBELOFF JEWISH LAW SOCIETY Please join us for our next social event on Monday, February 1st at Positano Ristorante Italiano, 4948 Fairmont Avenue, Bethesda, Maryland. 5:30 pm 7:30 pm. Complementary drinks and hors d'oeuvres. Come schmooz and mingle with your colleagues and enjoy an evening among friends. RSVP to Brian Barke at [email protected] or (301) 309-8300 or Brian Sadur (301)340-2930. This is not a Kashrut event Brian Sadur, President The Bar Association of Montgomery County, MD Newsletter The deadline for submission of copy is always the 10th of the month for the following months issue, unless the 10th falls on a weekend ... then it is the Friday prior to the 10th. 29 WHAT’S NEW ... LEGAL ANNOUNCEMENTS Bulman, Dunie, Burke & Feld, Chtd. is pleased to announce Daniel S. Shaivitz, Esq., has been named a principal at the firm. Dan has more than eleven years of experience in civil litigation, with a focus on personal injury and family law litigation. Outside of the office, Dan volunteers as a Board member at Shepherd’s Table, a nonprofit organization that provides meals and other services to people in need in Montgomery County. Melissa A. Kucinski is pleased to announce that her office location has moved to 1750 K Street, N.W., 8th Floor, Washington, D.C. 20006, (202) 7135165, [email protected]. Melissa practices in all areas of family law in D.C. and Maryland, with experience in handling international family matters. Melissa is co-author to an upcoming "year-in-review" article in the ABA's international law review, and will be presenting at the ABA Section of International Law's annual spring meeting in New York City on international custody and relocation cases. Former Assistant City Attorney with the City of Rockville, Payman Tehrani, joined Linowes and Blocher LLP in the firm's Land Use/Zoning practice group. As Assistant City Attorney with the City of Rockville, he advised the Mayor and Council, the City Manager, Directors and department heads, City staff, various boards and commissions and City police on all matters pertaining to their official duties and City policy. Mr. Tehrani may be reached at 301-961-5142 or [email protected]. The law firm of McMillan Metro, P.C. is pleased to announce that Stephen J. Orens and Judyann M. Lee have joined the firm in an Of Counsel capacity. Steve most recently practiced at Miles & Stockbridge, PC and is well known to members of the building industry. He has an impressive track record in the areas of municipal law, land use and zoning, and administrative litigation. Judyann most recently practiced at Linowes and Blocher, LLP and brings to the firm her expansive knowledge in the areas of developer and builder representation and homeowners associations and condominiums in Virginia, D.C. and Maryland. She 30 also represents many associations before and after their conversion from developer control to owner management. Steve and Judyann will complement the firm’s focus on serving the needs of builders and developers. McMillan Metro is located at 1901 Research Boulevard, Suite 500, Rockville, Maryland, (301) 251-1180, www.mcmillanmetro.com. Selzer Gurvitch Rabin Wertheimer Polott & Obecny, P.C., a full-service law firm in the Washington, D.C. area for more than 30 years, announces that Robert M. Reiner has joined the firm as a partner and a member of the Estate Planning/Trust & Estate Administration and Tax practice groups. Mr. Reiner was a founding partner of Joseph, Reiner & Wiernicki of D.C. and then Rockville, where he has spent almost his entire legal career. His multifaceted practice includes estate and gift taxation, trust and estate planning & administration, charitable gift planning, private foundations, business succession and many other related areas. He has considerable experience working with family foundations, serving as General Counsel, and on many occasions, has been called on to function as Trustee and/or Executor for members of the family. His expertise extends to the international arena, and includes working with non-U.S. citizens living in this country, particularly members of the World Bank and International Monetary Fund. He graduated from the University of Pennsylvania with a B.S. in Economics from the Wharton School and earned his J.D. with honors from the George Washington University Law Center before going on to earn an LL.M in Taxation from the Georgetown University Law Center. He is admitted to practice in Maryland, Virginia and the District of Columbia. Whiteford Taylor & Preston is pleased to announce that prominent bankruptcy attorney Nelson C. Cohen has joined the firm as Senior Counsel in its Bethesda office. With decades of experience in bankruptcy law, Mr. Cohen is experienced representing both debtors and creditors in bankruptcy courts and has negotiated hundreds of workouts. Mr. Cohen concentrates his practice on homebuilding and related fields, including mortgage lending, office and apartment buildings and home furnishings, as well as on companies in the hospitality and luxury goods industries. He has represented numerous debtors in complex Chapter 11 reorganizations, served as creditor committee counsel and represented secured creditors in bankruptcy cases. He has also represented Chapter 11 and Chapter 7 Trustees in virtually all aspects of bankruptcy law. In addition to his client work, Mr. Cohen has served as chair of the Bankruptcy Task Force of the District of Columbia Circuit Judicial Conference Committee on Pro Bono Legal Services, as well as on the Local Rules Committee in the District of Columbia to help overhaul the Local Bankruptcy Rules. NORTH BETHESDA/ ROCKVILLE NORTH BETHESDA/ ROCKVILLE RENT/LEASE BETHESDA – Furnished, large 2 window private office 3 blocks from Metro. Collegial small firm atmosphere. Shared office with Real Estate Brokerage firm. 3 large windowed offices available on first floor with reception area and use of conference room. Sign on Building, 24hr heat/AC. Free Parking. Fantastic location near Pike and Rose and White Flint Metro. $2,550/mo or will consider Sole Practitioner in need of one office for $950/mo. Lease duration flexible. Contact Robert at 301-367-5996. The Bar Association of Montgomery County, MD Newsletter North Bethesda/Rockville 5 Beautiful large windowed offices (approx. 1463 Sq. Ft) at a fantastic location in North Bethesda near White Flint Metro & Pike and Rose! Reception area. 24hr Heat/AC. Sign on Building. Storage Room, Free Parking. Impressive Architectural design. $2,895/month. Lease Duration flexible. Excellent for a law firm. Contact Robert at 301-367-5996. February, 2016 WHAT’S NEW ... Includes: free parking; use of conference rooms and kitchen, copiers and scanners; use of credit card processing and access to online research; other amenities. Contact Mark Shupe at 301-656-1177x322 or [email protected]. COLUMBIA – Office in well-decorated professional suite conveniently located off Rte 29. Reception, conference room, kitchenette, secretarial space, use of phone equipment. Ample free parking. Contact Richmond Davis at 410-7305550 or [email protected]. GAITHERSBURG – Office for Hours – Great Opportunity for New Practitioner in small collegial firm. Copier, fax, conference room, and DSL available. Desirable location on Route 355 for mutually agreed upon exchange of services or reasonable rent. Call 301-9872002 or email [email protected]. ROCKVILLE – Adams Law Center in Downtown Rockville – Four beautifully renovated individual offices with additional space for support personnel. Walk to Rockville Town Center and Court House. Rent all or part. Free parking. Please call Leanne at 301-424-6200. ROCKVILLE – Complete Office Suite for rent to sole practitioner or small firm. Special rate to business, tax, or commercial practice. Three private offices, secretarial/reception area, storage room, and restroom. Lovely second floor view of Route 355 and the Metro trains. Jackson Place South Office Condominium in front of Montgomery College. Lots of parking and easy access. Alan Zipp, CPA-Attorney, 301-340-0084. Real Estate Attorney Paley Rothman is an Equal Opportunity Employer. ROCKVILLE – Corner office in beautiful penthouse office suite, adjacent to Rockville Metro station with use of reception, conference room and kitchen. Term negotiable. Walking distance to Circuit Court. Congenial atmosphere. Call Stanley at 301-340-3003. ROCKVILLE – Need part-time space for occasional use to meet with clients in a penthouse suite in premium office building? One block from Circuit Court. Adjacent to Rockville Metro Station. Full use of conference room, reception, copier and kitchen, and other amenities for a reasonable cost. Call Stanley at 301-340-3003. ROCKVILLE – 2 large window offices in shared lawyer suite, 1 w/secretary bay. Eagle Building, 600 Jefferson Plaza, Class A Bldg w/garage & free visitor parking. 2 conference rooms, top-line copier/scanner, postal meter, new PRI phone system, full time reception, & several established practices that are good referral sources. Contact [email protected] or call 301 762-0402. ROCKVILLE – Two (2) Townhouse Law Offices for rent $500.00/month-1st floor office 12’ x 14’, 2nd floor office, 15’ x 22’ Reception area, library/conference room. Open Parking. Contact Rick at 301-251-9120 or [email protected]. ATTORNEY OPPORTUNITIES Where are the great candidates hiding? Do you have great jobs to offer but still have a hard time attracting candidates? The Bar Association of Montgomery County Se e king a comme rcial/ trans actional Re al Es tate attorne y with 4+ ye ars re le vant e xpe rie nce . Portable book of bus ine s s a plus . Ple as e s e nd re s ume and cove r le tte r to care e rs @pale yrothman.com www.paleyrothman.com 4800 Hampde n Lane | 6th Floor | Be the s da, MD | 20814 | 301-656-7603 February, 2016 Maryland’s Career Center is the prime resource to finding the high performers in our niche. Post today or speak to an expert who can help create a customized recruiting solution with an array of various products to help find those great candidates you need to succeed. Please visit the Career Center section of the BAMC website to post your firm's opening, check openings that may not have been submitted directly to the Bar Association for publication or to view resumes of individuals who are seeking employment. For individuals who may be seeking employment, you also have the opportunity to upload your resume so that potential employers can see what you have to offer. ASSOCIATE – Litigation – Rismiller Law Group, LLC., seeks a bilingual litigation associate with 2-5 years’ experience in family law and civil litigation. MD bar required, DC preferred. Email resume and writing sample to: [email protected]. ATTORNEY – Foreclosure – Leesburg, VA law firm seeking Foreclosure Attorney. Review and draft various pleadings and motions associated with foreclosure actions. Attend hearings/status conferences and mediations. Real estate litigation a plus. Familiar with reviewing title. Manage uncontested files at various stages of foreclosure. Ideal candidate will have one to three years of legal practice experience, are enthusiastic and eager to develop their skills in a professional, collegial work environment. Will perform other related duties as assigned. Bachelor degree and Juris Doctor required as well as DC Bar. MD and VA bar a plus. Submit resumes to: [email protected]. ATTORNEY – Foreclosure – (Rockville, MD) – Seeking an associate attorney with one to three years of foreclosure experience representing lenders/creditors in foreclosure matters. Will review and draft pleadings and motions, attend court hearings and mediations. Real estate litigation a plus. MD Bar required. Resumes: [email protected]. ATTORNEY – Tax – Must have significant tax controversy experience and capable of handling complex tax controversy issues. A CPA or LLM in tax is not required, but a plus. Fried & Rosefelt is located in Bethesda Maryland. Please forward your resume with writing sample by e-mail to [email protected] or fax to 301-656-8528. The Bar Association of Montgomery County, MD Newsletter (Continued on following page) 31 WHAT’S NEW ... (Continued from preceding page) ATTORNEY(S) – Partner OR Senior Associate Level – The suburban Maryland law firm of Houlon, Berman, Finci, Levenstein & Skok, LLC is seeking to expand its firm in Greenbelt and Rockville. Houlon Berman was established in 1968 and is now seeking attorneys with complimentary practices with portable business. This is an outstanding opportunity to join a well-established, successful and growing law firm. All replies will be strictly confidential. Interested attorneys should contact either Stuart Skok at (301) 444-4432 or [email protected] or Alan Levenstein at (301) 459-8200 or [email protected]. A CALL FOR MENTORS Have you practiced law for seven years or more? If so, we are looking for your help to develop the next generation of BAMC. Please consider participating today! By participating in the Bar’s Mentor-Mentee Program, experienced attorney-mentors are paired with new-practitioner-mentees. The mentors share their experiences and wisdom with their mentees. Both mentors and mentees build relationships with each other, involve themselves in the Montgomery County Bar Association, and network with other mentors and mentees. With their involvement, each can learn from one another. If you have been practicing law for less than seven years and would like guidance from a mentor, we encourage you to apply to get a mentor. Applications are available at http://www.barmont.org/?164. Please submit to either Co-Chair at [email protected] or [email protected]. 32 The Bar Association of Montgomery County, MD Newsletter February, 2016 WHAT’S NEW ... NEW MEMBERS Robert J. Baror, 7315 Wisconsin Ave., Suite 400, Bethesda, MD 20814; tel.: 301564-0456; email: [email protected] Andrew R. Booth, 704 Venice Dr., Silver Spring, MD 20904; email: [email protected] Leslie A. Brodsky, 3482 Chiswick Ct., Silver Spring, MD 20906; email: [email protected] Timothy L. Creed, 6400 Ivy Lane, Suite 400, Greenbelt, MD 20770; tel.: 301-2202200; fax: 301-220-1214; email: [email protected] Nicole Drew, 1703 East-West Hwy., #411, Silver Spring, MD 20910, email: [email protected] Samantha M. Leschek, One Church St., Suite 800, Rockville, MD 20850; tel.: 301251-0100; fax: 301-424-7865; email: [email protected] Miroslav Nikolov, 19732 Wootton Ave., Poolesville, MD 20837; tel.: 240-426-6362; email: [email protected] Devin M. Williams, 2202 Arctic Fox Dr., Mitchellville, MD 20721; tel.: 301-2046425; email: [email protected] If you receive information regarding the death of a BAMC member, please forward that information to Cindy. Looking to Buy or Sell a Home? In the Market for New Office Space? • Discounted full service listing and marketing plans • Our first $1000.00 of commission goes towards your closing costs when you purchase with us ADVERTISERS INDEX Mary Atwater, Psy.D. . . . . . . . . . . . . . . .19 maryatwater.com Case Search . . . . . . . . . . . . . . . . . . . . . . .20 CaseSearchLLC.com Center for Forensic Economic Studies . . .21 www.cfes.com CES Realty Group, LLC . . . . . . . . . . . . .33 http://www.cesrealtygroup.com/ Crosson Moore Art Services . . . . . . . . . . .6 CrossonMoore.com DTI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Jennifer Fairfax LLC . . . . . . . . . . . . . . . .6 www.jenniferfairfax.com Four Seasons Title . . . . . . . . . . . . . . . . . . .14 Gelman, Rosenberg & Freedman . . . . . .5 www.grfcpa.com The Honorable Paul A. Hackner . . . . . . 34 Law Offices of Jezic & Moyse, LLC . . . . .25 www.jezicfirm.com Joseph, Greenwald & Laake . . . . . . . . .27 www.jgllaw.com Michael L. Kabik, Esquire . . . . . . . . . . .26 http://www.shulmanrogers.com/attorneysKabik-Michael-Immigration-InternationalNationality.html McAdoo Gordon & Associates, P.C. . . . .5 www.mcadoolaw.com The McCammon Group . . . . . . . . . . . . . .3 www.McCammonGroup.com Miller, Miller & Canby . . . . . . . . . . . . . .16 www.millermillercanby.com Montgomery County Sentinel . . . . . . . .32 www.thesentinel.com Alan J. Nuta, Esquire . . . . . . . . . . . . . . . .9 www.SSBenefitsLawyer.com Paley Rothman . . . . . . . . . . . . . . . . . . . . .31 www.paleyrothman.com Paradise Realty, Inc. . . . . . . . . . . . . . . . .30 David A. Pordy, Esquire . . . . . . . . . . . . .22 http://www.shulmanrogers.com/attorneysPordy-David-Real-Estate-Hospitality.html Attorney Owned Commercial ɹ Residential 240-258-7791 January, 2016 Prudential Associates . . . . . . . . . . . . . . . . .8 www.usainvestigators.com Pushkin & Pushkin . . . . . . . . . . . . . . . . .21 Rosenberg, Fayne & Raden . . . . . . . . . . .4 www.rosenberg-fayne.com.com Rossmann - Hurt - Hoffman, Inc. . . . . .15 www.rhhinsurance.com SPC Financial, Inc. . . . . . . . . . . . . . . . . .24 www.spcfinancial.com Alan S. Zipp, Esquire . . . . . . . . . . . . . . .23 The Bar Association of Montgomery County, MD Newsletter 33 JUDGES SCHEDULES ~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~ Juvenile Division Change for Scheduling 34 The Bar Association of Montgomery County, MD Newsletter The Juvenile Court Division of the State’s Attorney’s Office will no longer be publishing a monthly courtroom assignment for its attorneys. The schedule is being revamped to mirror the attorney assignments for Circuit Court. There will be a designated duty attorney each day assigned to cover the Juvenile Delinquency Duty Dockets and be available to answer any questions. Should there be any questions or inquiries on juvenile matters please feel free to contact, Amy J. Bills, Chief of the Juvenile Court Division, State’s Attorney’s Office, 240-777-7326. February, 2016 JUDGES SCHEDULES ~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~ Circuit Court *Family Duty; CM=Criminal Motions; PT=Criminal PreTrial Jury Demand/Appeal Docket February, 2016 The Bar Association of Montgomery County, MD Newsletter 35 Newsletter of the BAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND 27 West Jefferson Street, Rockville, Maryland 20850-4200 CR LCR C/S 2 4 8 9 10 11 15 16 17 18 19 23 24 25 29 12:15p.m. 5:00p.m. 8:00a.m. 5:30p.m. 8:00a.m. 12:30p.m. 5:30p.m. 5:00p.m. 8:00a.m. 12:15p.m. 8:00a.m. 5:00p.m. 5:30p.m. Noon 5:00pm. 5:30p.m. 5:30p.m. 8:00a.m. 4:30p.m. Noon 5:30p.m. 5:30p.m. 5:30p.m. Noon FEBRUARY Bar Luncheon CR Nominations & Elections Committee C/S Circuit Court Bench Bar Committee CR Administrative Law Section Meeting C/S District Court Bench Bar Committee CR Immigration Law Section Meeting CLE CLE–Family Law/Taxation Law C/S Membership Benefits Committee C/S Real Estate Law Section Meeting CR Youth Courthouse Project Committee CR Elder Law Section Meeting CLR Nominations & Elections Committee CR Lawyer Assistance Committee Meeting CR Education Law Section Meeting ~ BAMC/MCMBF Offices Closed ~ LCR Budgt Committee Meeting CR Collaborative Law Section Meeting C/S Business Law Secton Meeting C/S Law Firm Management Section CR Legal Ethics Committee Meeting CR Personal Injury Litigation Section CLE CLE–Law Firm Management CLR Leadership Development Academy Fellows (Networking Reception) CLR Family Law Section Meeting C/S Estate & Trust Law Section Meeting CLR CLE 1 2 CLE Classroom CLE Seminar–Call (301) 340-2534 to Register 12:15p.m. 8:00a.m. 5:30p.m. 8:00a.m. 5:30p.m. 3 6:00p.m. 5:00p.m. 7 8 9 10 14 16 17 18 24 28 29 8:00a.m. 12:15p.m. 5:30p.m. 8:00a.m. 5:30p.m. Noon 1:00p.m. 5:30p.m. 5:30p.m. 5:00p.m. 5:30p.m. 5:30p.m. 8:00a.m. 12:30p.m. 4:30p.m. Noon 5:30p.m. Noon 5:30p.m. C/S CR C/S CR C/S C/S CR C/S CR CR CR CLE CLE C/S CR CR CLR C/S CR CR CR CLR C/S CLE MARCH Bar Luncheon Circuit Court Bench Bar Committee Administrative Law Section Meeting District Court Bench Bar Committee Foundation Board of Directors Meeting Shop For a Cause @ Kendra Scott Membership Benefits Committee – Teleconference Real Estate Law Section Meeting Youth Courthouse Project Committee Commercial Litigation Section Meeting Elder Law Section Meeting Lawyer Assistance Committee Meeting Education Law Section Meeting CLE–Mandatory Mediation CLE–Electronically Stored Information Family Law Section Happy Hour Executive Committee Meeting Collaborative Law Section Meeting Leadership Development Academy Committee (Leadership Program) Law Firm Management Section Immigration Law Section Meeting Legal Ethics Committee Meeting Personal Injury Litigation Section Family Law Section Meeting Estate & Trust Law Section Meeting CLE–Immigration Law FRIENDS OF BILL W. LAWYER MEETING For time and location of the meetings, please contact Dan Gaskill at (301) 279-7400. ~ Please visit our website, www.montbar.org, for the most recent updates to the Calendar of Events ~ 36 The Bar Association of Montgomery County, MD Newsletter CALENDAR 3 Bar Office Conference Room Lower Level BAMC Conference Room See Committee/Section Pages for Location Periodicals Postage PAID at Rockville, MD February, 2016