Pride in Membership, Leadership in Justice · senate, in 153 BC, declared January 1 to be the beginning of the new year. But tampering continued until Julius Caesar, in 46 BC, established

PRESIDENT’S MESSAGEBy E. Joseph Fitzpatrick, Jr.

The celebration of the NewYear is recently behind us. It isthe oldest of all holidays. It wasfirst observed in ancientBabylon about 4000 years ago.In the years around 2000 BC,the Babylonian New Year beganwith the first New Moon (actu-ally the first visible crescent)after the Vernal Equinox. The

Babylonian new year celebration lasted for elevendays. That then begs the question, "If it ain't brokewhy fix it?" How do we get back to those halcyondays? Alas, our modern New Year's Eve festivitiespale in comparison.

The Romans continued to observe the new yearin late March, but their calendar was continuallytampered with by various emperors so that the cal-endar soon became out of synchronization with thesun. In order to set the calendar right, the Romansenate, in 153 BC, declared January 1 to be thebeginning of the new year. But tampering continueduntil Julius Caesar, in 46 BC, established what hascome to be known as the Julian Calendar. It againestablished January 1 as the new year. But in orderto synchronize the calendar with the sun, Caesar hadto let the previous year drag on for 445 days.

It is of course customary, as part of each NewYear, to make resolutions, most of which are forgot-ten by the middle of the month. It is also customaryto "ring in the new", and there certainly is much thatis new in the year 2010. In this New Year weobserve a great many changes, locally, nationallyand world wide. Locally, we celebrate the elevationof our recent past president of BAMC, PaulDeWolfe, to the position of the Public Defender for

(Continued on page 4)

BAR ASSOCIATION OFMONTGOMERY COUNTYELECTION NOTIFICATIONFOR OFFICERS ANDEXECUTIVE COMMITTEE

In compliance with Article VII of theBar Association Constitution, the member-ship is hereby notified that a GeneralElection for new Officers and ExecutiveCommittee will be conducted. Anyoneinterested in being considered, pleasewrite to Eric C. Willis, Chair, Nominations& Elections Committee, Bar Associationof Montgomery County, Maryland, 27West Jefferson St., Rockville, MD 20850-4200 by January 21, 2010.

ScheduleJan. 21, 2010, 5:30p.m. Committee MeetingFeb. 4, 2010, 5:30p.m. Committee MeetingFeb. 9, 2010, 5:30p.m. Committee MeetingFeb. 24, 2010 Slate printed in newsletter

with invitation for petitionMar. 12, 2010 Petition DeadlineMar. 22, 2010 Ballots Emailed to MembersApril 12, 2010, 2:00p.m. Voting DeadlineMay 14, 2010 Announcement of Results

at the Annual Meeting

BARRISTER’S BASHSaturday, February 13, 2010; 7PM - 12AM

Glenview Mansion$55 per person before 2/1/10$65 per person after 2/1/10

Bring your sweetie, bring a friend orjust come alone ... whatever your prefer-ence, we hope you can join us for a fabu-lous evening! For $55 , you get dinner, anopen bar and you can dance the nightaway to music from REUNION.

~ Register Now ... See Insert ~

THEBAR ASSOCIATION OF MONTGOMERY COUNTY, MDTHEBAR ASSOCIATION OF MONTGOMERY COUNTY, MD

Volume 57, Issue 7 January 2010

NEWSLETTERNEWSLETTERIn

side

Thi

s Is

sue

3 Current Update

9 A Balancing Act ...

10 Tech Talk

12 New Practitioners

13 Committees/Sections

InsertA Barrister’s Bash

Insert WBA Triennial B Auction Form

Insert January CLEC Seminars

Insert Helpful Hints for theD New Practitioner

20 Pro Bono

22 Specialty BarAssociations

23 Rent/Lease Ads

24 Attorney PositionsAvailable

26 States AttorneySchedules

27 Judges Schedules

28 Calendar

BAR LUNCHEON SCHEDULEFebruary 2, 2010 March 2, 2010 April 6, 2010

Rockville United Methodist Church, 112 West Montgomery Ave., Rockville, MD 2085012:15p.m. - 1:00p.m.

If you have a dietary restriction and require a special meal, please contact Cindy [email protected] at least 1 week prior to the luncheon. Please indicate what type ofdietary restriction you have.

PLEASE NOTE ... We must receive your request in writing at least 1 week in advance ofthe luncheon so that we can accommodate you.

Pride in Membership, Leadership in Justice

2 The Bar Association of Montgomery County, MD Newsletter January, 2010

FOR YOUR INFORMATION

2009-2010Officers and Chairs

ASSOCIATION OFFICERS President: E. Joseph Fitzpatrick, Jr.President-Elect: Patricia M. WeaverTreasurer: Richard H. MelnickTreasurer-Elect: Audrey A. CreightonSecretary: Stephanie L. FinkPast President: Paul B. DeWolfeExecutive Director: Julie PetersenEXECUTIVE COMMITTEEBradford S. BernsteinBibi M. BerryThomas M. DeGonia, IICharles L. FrederickHeather Q. HostetterElizabeth G. LoggiaThomas P. RyanJames C. SavageDeborah L. WebbClark E. Wisor, IIICarlotta A. WoodwardAlan S. Zipp

New Practitioners Co-Chairs:Heather S. Collier & Andrew L. Schwartz

COMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Audrey A. Creighton, Chair –

(240) 773-9603Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180 &

Mimi L. Magyar, Co-Chair – (301) 986-1300Bench/Bar-District Court – Richard D. London, Chair – (301) 588-6900Catastrophic Health Emergency – Paul S. Lewis, Chair – (301) 840-8565Courthouse Construction – Mary Ellen Flynn, Chair – (301) 563-6685Fee Dispute Resolution – Carlos M. Lastra, Co-Chair – (301) 869-1700;

David W. Lease, Co-Chair – (301) 838-8950; Karen Robbins,Co-Chair – (301) 260-0223 & Deborah L. Webb, Co-Chair –(301) 657-0725

Judicial Selections – Jo B. Fogel, Chair – (301) 468-2288Larry A. Ceppos, Vice Chair – (301) 251-0440

Lawyer to Lawyer – F. Patrick Kelly, Chair – (301) 279-5600Lawyer Referral – Jeffrey Van Grack, Co-Chair – (301) 657-0159 &

Dawn E. Bowie, Co-Chair – (301) 637-4946Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575Strategic Planning – David A. Pordy, Chair – (301) 230-5205 Nominations & Elections – Holly D. Reed, III, Chair – (301) 587-9480Professionalism & The Quality of Life - Wendy B. Karpel, Chair –

(240) 777-6726 Social – Kathleen A. Dolan, Co-Chair – (301) 608-3000 &

Neal W. Tyra, Co-Chair – (301) 315-0811Softball – Scott D. Nelson, Chair – (301) 762-7770Specialty Bar Associations – Susan Silber, Chair – (301) 891-2200Technology – C. Sei-Hee Arii, Co-Chair – (301) 762-8545 &

P. Lindsay Parvis, Co-Chair – (301) 340-9090Unauthorized Practice of Law – Ronald M. Abramson, Chair –

(240) 386-3000Youth Courthouse Project – Holly D. Reed, III, Co-Chair –

(301) 587-9480 & Patricia P. Via, Co-Chair – (240) 777-6721SECTION CHAIRS Alternative Dispute Resolution – Eric C. Johnson, Co-Chair –

(301) 977-8002 & Judith A. Mustille, Co-Chair – (301) 424-1720Animal Law – Mindy Felinton, Co-Chair – (301) 237-9696 &

Barbara R. Graham, Co-Chair – (301) 294-3467Business Law – Demetrios Datch, Co-Chair – (301) 961-5164 &

James M. Peppe, Co-Chair – (301) 951-1500Commercial Litigation – J. Bradford McCullough, Co-Chair –

(301) 657-0734 & Jeffrey M. Schwaber, Co-Chair – (301) 838-3210Criminal Law – Marc R. Emden, Co-Chair – (301) 762-7007 &

Jessica L. Zarrella, Co-Chair – (240) 777-7469Education Law – Patrick J. Hoover, Co-Chair – (301) 424-5777 &

Lynndolyn Mitchell, Co-Chair – (301) 340-2541Elder Law – Harold Krauthamer, Chair – (301) 951-0240Employment Law – Laurel N. Anchors, Co-Chair – (301) 990-6065 &

Gwenlynn W. D’Souza, Co-Chair – (301) 452-1888Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223Family Law – Geoffrey S. Platnick, Co-Chair – (301) 231-0927 &

Clark E. Wisor, III, Co-Chair – (240) 777-9044Federal Practice – Charles F. Chester, Co-Chair – (301) 294-2500 &

Chaya Kundra, Co-Chair – (301) 424-7585 & Alan B.Sternstein, Co-Chair – (301) 230-5226

Health Law – To Be AnnouncedImmigration – Matthew R. Glinsmann, Chair – (301) 987-0030Intellectual Property & Technology – Jeffrey I. Auerbach, Co-Chair –

(301) 424-3640 & Michael L. Greenberg, Co-Chair – (202) 625-7000Juvenile Law – Stephanie L. Joseph, Co-Chair – (240) 773-9639

& Carlotta A. Woodward, Co-Chair – (301) 424-6366 Law Firm Management – David M. Schoenfeld, Chair – (240) 243-7200New Practitioners – Heather S. Collier, Co-Chair – (301) 340-9090 &

Andrew L. Schwartz, Co-Chair – (301) 838-3327Mentor/Mentee (sub of New Practitioners) - Marc W. Boland,

Co-Chair – (301) 656-2707 & Peter L. Casciano, Co-Chair –(301) 563-6685

Chamber Chats – Laura Gagliuso, Chair – (301) 838-3214Personal Injury Litigation – Hong S. (Paul) Chung, Co-Chair (Plaintiff) –

(301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (410) 528-7736Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 &

Alexis H. Peters, Co-Chair – (301) 255-0538Taxation – Chaya Kundra, Co-Chair – (301) 424-7585 &

To Be Announced, Co-Chair – Workers Compensation Law – Brian P. Riley, Co-Chair –

(301) 948-0922 & Matthew S. Tidball, Co-Chair – (301) 762-7770

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

(USPS 430-930) ISSN-1079-0780is published monthly except July/August combined

at $25.00 per year by theBar Association of Montgomery County, MD

27 West Jefferson Street, Rockville, MD 20850-4200PERIODICALS POSTAGE PAIDRockville, Maryland 20850-4200

POSTMASTER:Send address changes to:

Bar Association of Montgomery County, MD, Newsletter27 West Jefferson St., Rockville, Maryland 20850-4200

Julie Petersen, Executive Director & EditorCindy Brandenburg, Assistant & Advertising Editor

FOR LAWYERS WHONEED HELP

If you are aware of attorneys who are havingproblems with alcohol, drugs, stress, emotionalproblems and related illnesses that interfere withtheir professional or personal lives, please call theLawyer-to-Lawyer Committee. Committee mem-bers are available to assist lawyers find confidentialeffective programs to suit their needs.

All calls are strictly confidential.F. Patrick Kelly, ChairPhone: (301) 279-5600

E-mail: [email protected]

Bar AssociationJulie Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-3453

[email protected] Office Manager/LRS Supervisor . . . . . . . . . . . . . . . . . . . (301) 424-7040

[email protected] Association Administrative Assistant . . . . . . . . . . . . . . . . (301) 762-8376

[email protected] Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-6351

[email protected]

} Lawyer Referral Service Operator . . . . . . . . . . . . . . . . . . (301) 279-9100Yesenia Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected] and [email protected]

Bar FoundationMarleni CLE Seminars and Events Coordinator . . . . . . . . . . . . . . . . (301) 340-2534

[email protected]

Pro Bono ProgramClient Intake Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7651

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7652The following staff listing is not for public information. It is for attorney use only.

Mary Kay Canarte, Managing Attorney (Part-Time) . . . . . . . . . . . . . . (301) [email protected]

Jennifer Office Administration / Client Coordination . . . . . . . . . . (301) [email protected]

Ingrid Office Administration / Client Coordination . . . . . . . . . . (301) [email protected]

FRIENDS OF BILL W.LAWYER MEETING

For time and location of the meetings, pleasecall Lawyer-to-Lawyer Committee member, DanGaskill at (301) 279-7400.

x Please Note New Bar Staff Email Addresses w

BAR FOUNDATION OFFICERS(Effective July 1, 2009)

President: Paul B. DeWolfePresident-Elect: E. Joseph Fitzpatrick, Jr.Treasurer: Nancy A. SachitanoAssistant Treasurer: Richard H. MelnickSecretary: James A. Mood, Jr.Past President: Mary Ellen Flynn

BOARD OF DIRECTORS

COMMITTEE CHAIRSBar Revue – Steven J. Bienstock – (301) 251-1600Cable T.V./Law School for the Public – Lauri E. Cleary, Co-Chair –

(301) 657-0176 & William C. Davis, III, Co-Chair – (301) 230-5217Continuing Legal Education – VACANT, ChairDiversity Award – Charles B. Day, Chair – (301) 344-0393CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707Endowment – Joseph P. Suntum, Chair – (301) 762-5212Facilities – Patrick C. McKeever, Chair – (301) 762-5212Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &

Alison W. Rind, Co-Chair – (301) 657-0750 Governance – Nancy A. Sachitano, Chair – (301) 657-8805Pro Bono – VACANT, ChairSchool Mock Trial – Bradford S. Bernstein, Chair – (301) 762-1600Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 833-3217

& Rene Sandler, Chair (School Division) – (301) 610-9797Youth Initiative Program – Rene Sandler, Chair – (301) 610-9797

Douglas M. BregmanEun (Jeannie) K. ChoGlenn M. CooperHon. Charles B. DayRobert B. HetheringtonHon. Eric M. JohnsonPaul F. KempSusan S. MagazineMimi L. MagyarRachel T. McGuckian

Patrick C. McKeeverCamilla O. McRoryA. Howard MetroJohn C. MonahanRobert C. Park, Jr.Richard S. StolkerHarry C. StormJoseph P. SuntumDonna E. Van ScoyMarvin Waldman

CIRCUIT COURT FAMILYDIVISION Family Division PostponementProcedures• All requests for a postponement,

whether set before a Judge or aFamily Division Master, must bemade in the form of a written motion.

The motion should include specif-ic reasons for the postponement,the other party's position on thepostponement, if possible, and aproposed Order. If motion is filedwithin 18 days of the court event,it may be necessary to walkthrough a Motion to Shorten Timeto a Duty Judge.The use of attachments, i.e., previ-ously received court notices, doc-tor's notes, etc., is encouraged.All motions should be filed withthe Clerk's Family Departmentlocated in Room 107. [Note:Consent or joint motions are NOTautomatically granted.]

• Exceptions to filing a Motion forPostponement:

A Scheduling Hearing can be resetonce with the consent of all par-ties within two (2) weeks of theoriginal scheduling hearing date.Parties shall file a joint line withthe Assignment Office indicatingthe agreed upon date.Parties/counsel must clear theagreed upon date with theAssignment Office. An uncontested divorce hearingcan be reset once with the consentof all parties within thirty (30)days of the original date. Partiesshall file a joint line with theAssignment Office indicating theagreed upon date. Parties/counselmust clear the agreed upon datewith the Assignment Office.The Case Managers for theFamily Division process allMotions for Postponement exceptTrack 4 and specially assignedcases. Any oral motion made onthe day of a hearing or trial will bereferred directly to theAdministrative by the presidingMaster or Judge.

Do not send original Motions forPostponement directly to the CaseManagers or AdministrativeJudge, as this will delay theprocess. Please follow theinstructions given below for fil-ing. If the Motion for Postponement isfor a trial, merits hearing, ormotions hearing scheduled withinthree (3) weeks, it is advisable towalk it through to the CaseManagers. You do not need to bean attorney to walk through amotion. The process is as follows:

CURRENT UPDATE

January, 2010 The Bar Association of Montgomery County, MD Newsletter 3

David Gardner . . . . . . . . . .301-762-8475Ed Sharkey . . . . . . . . . . . . .301-657-8184For a written confidential opinion, submityour written request, marked confidential,to Jeffrey M. Axelson, c/o Bar Associationof Montgomery County, MD, 27 WestJefferson St., Rockville, MD 20850.

LEGAL ETHICSHOTLINE



the state of Maryland. This is a stellarappointment, richly deserved. Nationally,we have a new President celebrating hisfirst New Year in the oval office.

There is an ancient Chinese proverbthat says "May you live in interestingtimes." On the international front, to saythat these are "interesting times" is anunderstatement.

Of the many "resolutions" that Iought to consider (shedding the recentlyacquired spare tire and returning allphone calls within 24 hours, to name buttwo), I have committed to reading theConstitution and all of its Amendmentson a regular basis. While Senator Bird'spractice of carrying a copy of it in hispocket at all times is indeed admirable, Ifear that if I was to try and emulate him inthis regard, I would quickly misplace itgiven my forgetfulness. Sad to think thatI may be more absentminded than he is,given that he has several more decadesbehind him than I do.

I am committed to this resolution forseveral reasons. The first, and most obvi-ous, is that the social and legal contractcreated by the Constitution was both awork of collective genius and at the sametime a truly revolutionary document. Ithas served remarkably well over the gen-erations. It made clear that unlike somany governments that preceded ours,we are committed to the ideal that we area nation of laws which are always to berespected. We are guaranteed by this doc-ument certain unalienable rights, notbecause our Government grants them tous, but because our founders understoodthese rights were ours long before ourGovernment ever existed. We are prom-

ised these rights, we are promised dueprocess and promised the respect of prop-erty rights, to name but a scant few rightsset out within this Constitution and itsAmendments.

An editorial cartoon recently depict-ed the Iraqi constitutional conventionassembled, and someone handing themour Constitution while saying "Here,take ours. We aren't using it anymore." Asa lawyer, and perhaps more importantly,as a citizen of the country, I hope andpray that never becomes the case.However, as we read in the newspapervarious legislative proposals, at both theState and Federal levels, how often do westop and ask ourselves whether the draftlegislation indeed complies with theConstitution, that has served us so wellover the past 223 years. It was created inorder to form a more perfect union. Werightfully take pride in our continualefforts, individually and as a country, toalways work towards a more perfectunion. I daresay there is not a single pieceof legislation that is not cloaked in thisgeneral premise. But as citizens, and aslawyers with hopefully a greater under-standing of the Constitution than most, itserves us well to always ask whether pro-posed legislation is consistent with orconversely does damage to letter andspirit of this remarkable contract betweenthe government and the governed. Wecannot fairly answer this question unlessand until we know, truly know, what theConstitution says.

Many decades ago, while sittingthrough Constitutional Law class, I wascontent to try and memorize that which Ithought might appear on the exam, and tohave a passing (perhaps more accurately

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) fleeting) understanding of ourConstitution. As I look around me in this21st century, I have a new found rever-ence for the beauty and glory of theachievements represented by this docu-ment. I also understand that there arethose around us who would be too happyto pay lip service to the Constitutionwhile running roughshod over its historyand the words contained therein. As thebeneficiaries and stewards of thisConstitution, we will only be able tothwart this threat if we read it, again, andagain, understand it, and equally impor-tant, encourage everyone who is part ofthis great contract (i.e. each and every cit-izen) to do the same. As I observed in theNovember Newsletter, many citizenshave sacrificed untold blood, sweat andtears in safeguarding all that is guaran-teed in the Constitution. Surely it is nottoo much to ask that we all understandwhy so many fellow citizens were willingto pay the ultimate price in terms ofallowing us to receive the benefits con-tained in this most amazing document.

I am resolved this year to try and bet-ter understand the obligations and protec-tions afforded by our Constitution. It maybe harder than shedding weight, but frommy perspective doing so may be far moreimportant in these "interesting times."Better yet, perhaps I can read it, and themyriad of thoughtful commentaries on it,while on the elliptical trainer or stationarybicycle. But read it I will.

SANDGROUND NEW & LOWINGER, P.C.IS PLEASED TO ANNOUNCE THAT

JOSEPH O. HANKINSFORMER LAW CLERK TO THE JUDGES OF THE CIRCUIT COURT OF ARLINGTON COUNTY

HAS BECOME ASSOCIATED WITH THE FIRM.MR. HANKINS IS ADMITTED TO PRACTICE IN MARYLAND AND VIRGINIA.

SANDGROUND NEW & LOWINGER, P.C.4800 MONTGOMERY LANE, SUITE 100

BETHESDA, MARYLAND 20814PH: 301.907.7000 ~ FX: 301.907.7001

The deadline for submission ofcopy for the newsletter is the

10th of the month for thefollowing months’ issue.


Step One: Obtain the court file.Step Two: Take the file to theFamily Department located inRoom 107 for filing and dock-eting. Step Three: Bring and leavefile with the Case Managers,Room 220.

• Any Motion for Postponement filedthe day before a court proceedingmust be filed with the Clerk'sOffice and delivered (by the movingparty) to the Family Division, Room220, by 2:00 p.m.

• If you mail your request, please keepin mind that the Clerk's Officereceives numerous filings daily and itmay take several days to process yourrequest.

• If you have any questions concerningthis process, please feel free to call aCase Managers at 240/777-9075.

2010 Juvenile Bench/Bar MeetingSchedule

The Juvenile Bench Bar schedule for2010 is set out below. Please note thatbeginning in January these meetings willno longer occur in Courtroom 20. Allmeetings commence at 12:30 p.m. Thereare no meetings in August and December.

CINA Bench Bar,Courtroom #18, 12:30 p.m.

Wednesday, January 20, 2010Wednesday, March 17, 2010Wednesday, May 19, 2010Wednesday, July 21, 2010Wednesday, October 20, 2010

DELINQUENCY Bench Bar,Courtroom #19, 12:30 p.m.

Thursday, February 18, 2010Thursday, April 15, 2010Thursday, June 17, 2010

Thursday, September 16, 2010Thursday, November 18, 2010Madeleine Jones, Family Division Coordinator

CIRCUIT COURT NOTES Nearly two decades ago, the Circuit

Court for Montgomery County, in con-junction with members of the bar and thelegal community, developed and imple-mented Differentiated Case Management(DCM) Plans for the criminal and civilcaseloads, followed over the years by fam-ily and juvenile DCM plans. Called forunder Maryland Rule 16-202, DCM plansare integral to the responsible and respon-sive management of the Circuit Court'scaseload and impact directly on the Court'sability to deliver timely justice. For manyyears, the policies, practices, and proce-dures that comprise the MontgomeryCounty Circuit Court's DCM plans haveprompted the early resolution of the casesthat are amenable to resolution short oftrial, providing predictability to the sched-uling of the trial dockets and ensuring thatcourt resources, including trial time, arededicated in proportion to actual need. Asa result, the Montgomery County CircuitCourt consistently led the state in the time-ly and expeditious resolution of the casesbefore it.

More recently, however, delay hasbegin to creep into the Court's dockets,and feedback from the bench and barindicate that the DCM events that were soeffective of prompting early resolution inthe past are no longer effective enough.Slower and lower rates of resolution havecaused, despite the heroic efforts of theAssignment Commissioner, the re-emer-gence of the TBA dockets that in the pastepitomized unpredictable and overcrowd-ed dockets and their inconvenience and

CURRENT UPDATE

expense. Last spring, Judge Harringtonrecognized the need to re-focus theCircuit Court's DCM plans to recapturethe timeliness and effectiveness achievedin the past. The Court was able to activatea long-planned position of DCMCoordinator, appointing, SuzanneSchneider, who served as the Court'sFamily Division and Juvenile DivisionCoordinator from 2001 to 2005, and who,as an administrator with State's Attorney'sOffice, worked with the Circuit Court todevelop the initial Criminal DCM plan.Suzanne re-joined the Court late last sum-mer, after fulfilling consultancies with theUnited Nations Office on Drugs andCrime and the International AtomicEnergy Agency.

After being appointed the Circuit andCounty Administrative Judge last fall andupon reviewing the operation of theCircuit Court, I am in full concurrencethat the revitalization of the Court's DCMplans is a key priority, beginning firstwith the criminal and civil DCM plans.To this end, we have turned once again tothe collective expertise of the bar andhave convened DCM Working Groupswith respected practitioners and bar lead-ers. Serving with me on the Civil DCMWorking Group are: Lynn Ahlers, KenArmstrong, Charles (Chuck) Frederick,Susan S. Magazine, and Jeff Schwaber, aswell as Judges Bernard, Greenberg,Mason, Rubin, and Thompson, LorettaKnight, Clerk of the Circuit Court, PamHarris, Court Administrator, and Clerkand Court staff.

Equally impressive is the collectiveexperience of our Criminal DCMWorking Group, composed of JudgesAlgeo, Craven, Dugan, Johnson andRupp, State's Attorney John McCarthy,Deputy State's Attorney Laura Chase,Acting Public Defender BrianShefferman, Reg Bours, Howard Cheris,Tom DeGonia, and Carlotta Woodward.Loretta Knight, Clerk of our Court, and I,as well as Court and Clerk staff round outthe Criminal DCM Working Group. (PaulDeWolfe intended to lend his expertise,but was named the State's PublicDefender on the day of the first meeting;we wish him continued success in hisnew role.) I am most grateful to the Bar'spresident, Joe Fitzpatrick, for personallyprevailing upon these already heavilycommitted bar leaders to take on thisadditional commitment of time and effort

(Continued on following page)

(Continued from page 3)

and to each of the members of theWorking Group for their invaluable con-tributions. Your support and commitmentto helping the Circuit Court achieve itsmandate of delivering justice are bothhumbling and inspiring.

The Civil DCM Working Group has,as of December, met twice; the CriminalDCM Working Group, once. The majorareas of concern by members of the CivilDCM Working Group focused on the needfor meaningful hearings or substitutes thatdrive discussion between the parties; iden-tified in particular is the need to providerelevance to scheduling. The schedulingof trials is seen as being needed earlier,not in the least to harmonize MontgomeryCounty practices with other nearby juris-dictions so that cases in MontgomeryCounty are not disadvantaged with regardto attorney availability and to provideattorneys working in multiple jurisdictionwith a procedure that is aligned more con-sistently with the timing of demands forreserving trial time on their calendars. Thedevelopment of confirmed schedulingorders with firm trial dates as early as pos-sible in the process was welcomed.Further, there seems to be consensus thatMontgomery County can enhance its useand timing of ADR, in particular, requir-ing ADR for cases that are in trial posturethrough the use of settlement judges.

Stronger management of cases by thecourt on complex and more routine trackswas identified as an unmet need, manifest-ing as a desire that the court manage dis-covery more actively, to enforce compli-ance with rules and deadlines, includingmaintaining trial dates as set, and earlier lit-igation of disposition motions to winnow

issues, theories and defendants. Requiringa mid-case status report with hearings asneeded to resolve issues that threaten theprogress of a case was also identified aspotentially useful. Further, requiring morerigorous efforts to obtain service and toidentify potential defendants was also seenas a need as is the employment of availablestrategies to reduce the delay associatedwith multiple defendant cases.

The second meeting of the CivilDCM Working Group focused on CivilDCM Tracks 3 and 4. Members proposedstrategies to obtain earlier and moremeaningful scheduling of critical events,to enhance the resolution process throughthe use of settlement judges, and to ensurethat appropriate tracking of complex casesoccurs. After lively discussion, severalpotential scheduling scenarios were pro-posed and will be distributed via the bar'slistserves for wider bar feedback. Pleasedo take the time to review these proposalsand provide any feedback or other propos-als as you find appropriate. This can bedone either via the practitioners who areWorking Group Members or directly toSuzanne, who is staffing these meetingsand will report all feedback to the group.She can be reached at 240-777-9358 or byemail: [email protected].

The first meeting of Criminal DCMWorking groups revealed a wide consen-sus on the need to set meaningful trialdates to replace the ones now generated aspart of the automated scheduling order.Trial dates are being cleared to accommo-date multiple attorneys' calendars, causingcases to exceed the DCM guidelines, yet85 to 96% of cases, depending on theDCM track, resolve without a trial. Theneed for improved provision of early dis-

covery was acknowledged by the entireWorking Group, as was the need to workto resolve cases earlier to clean up thecriminal trial dockets and to reduce thenumber of cases scheduled for trial thatresolve short of trial on the trial date.There was also recognition that the gener-al trend in setting trial dates later drivestoo many cases to and beyond the 180 daystandard. There was also concernexpressed that cases are being designatedfor Tracks for which the level of resourcesand time is not appropriate, with bothTrack 0 and Track 4 requiring specialattention. The need to develop clear poli-cy on the use of disposition judges, nowbeing used on an ad hoc basis was alsonoted and the use of settlement judgesproposed, as well as more active and sub-stantive inquiry into the status of cases bythe court at pre-trial events.

The Criminal DCM Working Groupwill meet again in early January to discussrevision to Criminal Tracks 3 and 4, aswell as cross-cutting procedural issuesand policies that are relevant to the all ofthe criminal DCM tracks. As noted above,input and feedback by the bar communityis not only welcome, but actively sought.This can be done either via the practition-ers who are Working Group Members ordirectly to Suzanne, who can be contactedas noted above. Both DCM WorkingGroups will meet several more times inthe coming months; their progress and theresulting DCM plan and related policieswill be reported via this Newsletter andyour feedback sought.

As was previously announced via theBar Association's list serve, please notebelow a procedural change to conform tothe requirements of Maryland Rule 7-112

CURRENT UPDATE


(Continued from preceding page)


CURRENT UPDATE

in the dismissal of criminal appeals fromthe District Court in which there is anunderlying sentence of confinement.

On behalf of the Circuit Court, bestwishes for the New Year–may it bringpeace, health, prosperity and justice.

John W. Debelius,Administrative Judge forMontgomery County, Maryland

~Recent discussions concerning DistrictCourt criminal appeals and their disposi-tion have prompted an internal review ofthe Circuit Court's procedures in dismiss-ing such appeals. According to MarylandRule 7-112(f)(1), "An appellant may dis-miss an appeal at any time before thecommencement of trial. The court shall[emphasis added] dismiss an appeal ifthe appellant fails to appear as requiredfor trial or any other proceeding on theappeal."Rule 7-112(f) (4) further requires:

If the appeal of a defendant in a crimi-nal case who was sentenced to a term ofconfinement and released pendingappeal pursuant to Rule 4-349 is dis-missed, the circuit court shall [empha-

sis added] (A) issue a warrant directingthat the defendant be taken into custodyand brought before a judge or commis-sioner of the District Court or (B) enteran order that requires the defendant toappear before a judge or commissioner.The warrant or order shall identify theDistrict Court case by name and num-ber and shall provide that the purposeof the appearance is the entry of a com-mitment that conforms to the judgmentof the District Court.

Effective immediately, the Court will fol-low the procedure as described above forall District Court criminal appealswhere a defendant has been sentenced toa term of confinement and the appeal isdismissed.

THE LAWYERS' LITERARYCIRCLE

In January we are planning to read(re-read) and discuss Genesis and Exodus,purportedly by Moses. We think thateveryone would agree that some very goodliterature can be found in this selection.

If any of you would like to join our

group, all you have to do is telephone oremail me; or just show-up.

With some rare exceptions, all of ourmeetings are held in the offices of Miles& Stockbridge P.C., 11 North WashingtonStreet, Suite 700, Rockville, Maryland20850, and begin at 4:30 in the afternoon.

Jim Demma, (301) 762-1600

MONTGOMERY COUNTYDIVORCE ROUNDTABLE

Join us for the 2nd session in our'09-'10 series of Brown Bag LunchDiscussions sponsored by theMontgomery County DivorceRoundtable, Inc.–a multi-disciplinarynonprofit group including judges, mas-ters, mental health professionals, media-tors, and lawyers, supporting the well-being of families and children dealingwith divorce in Montgomery County.

Thursday, January 21st, 201012-1:30 P.M.

Topic: "It's Your Divorce but It's My Life"A discussion led by Gail Thornburgh,

Ph.D. and Karen Freed, LCSW-C, BCD(Continued on following page)

CURRENT UPDATE

problems experienced by attorneys.Seemingly simple procedures such as gen-eral office management can overwhelm anotherwise successful professional when lifegets us down. I helped one lawyer whowas so despondent over his divorce, hecouldn't even do simple filing or calendar-ing. He eventually lost track of his tax fil-ings and seemed to just give up. Help wasclose by from his local LAP, but no oneasked until too much damage was done.All he or a friend of his needed to do wasask for help, and it would have been there.It was a sad story that was all too common.I have heard many excuses from friends,co-workers, employers, and spouses whywe were not called to help sooner. Concernover confidentiality and not making a per-sonal problem public is main among theexcuses. It is critical that members of ourlocal bar understand that our Lawyer toLawyer Committee is here and ready tohelp. And all of our referrals are strictlyconfidential. We disclose no information,keep no records, and never communicatewith any court or regulatory agency. The

WHEN/ WHERE: The Brown Baglunch will be held on Thursday January 21,2010, from 12-1:30 P.M., Judicial confer-ence room, 3rd floor, Montgomery CountyCircuit Court, 50 Maryland Ave., Rockville,MD 20850. Bring your lunch and be readyfor an enjoyable, interactive discussion.There will be a 20-30 minute presentationfollowed by a group discussion.

COST: NONE, but you must RSVPtoAnne Hurwitz at: [email protected],as far in advance as possible. Space is lim-ited and turnout for our discussion serieshas been extraordinary.

Children often say "Mom has her time.Dad has his time. When do I get mytime?" This presentation will examinehow, when, where and why childrenshould or should not have a voice inshaping access plans.

Gail Thornburgh is a psychologist inMontgomery County who works withchildren and families as they deal withdivorce. Karen Freed is a clinical socialworker, mediator and collaborativedivorce coach in Montgomery Countywho specializes in helping families dealwith separation, divorce and moving onwith their lives.

Anne Debelius LoPiano, President,Divorce Roundtable

LAWYER TO LAWYERCOMMITTEE

This is the time of year when thecarefree days of late Summer vacationsare long gone. Many of us are hip-deep intrial preparation, often meeting clientswith their demands and expectations.Figuring out what present to buy whichrelative, shoveling snow, and getting

financial records together for the account-ant as the tax year ends, all produce stress.These are the best of times and can be theworst of times. It depends on your pointof view and your state of mind. If one isprone to depression, the obligations andpressures of the holidays can be too muchto handle. Add to these pressures theeveryday obligations of meeting dead-lines, paying office rent, and maintainingour familial relationships could seemmore than we can handle.

Traditionally, this is the time of yearwhen the various lawyer counseling servic-es (today generally known as LawyerAssistance Programs or LAP's) receive thegreatest number of referrals. The holidayscan tax anyone's coping skills to the limit.Then there are those with a history ofchemical addiction who must watch all thecelebrations of the holidays depending ontheir recovery skills to see them through.Pressures, stresses, and temptations can bethe order of the day at this time of the year.

LAP's all over the country deal withthese and many other issues, situations, and



PROBLEMSWITH CAR DEALERS !

(& other Consumer Law Problems)

Dev A. Kayal, Esq. [email protected]

Telephone 301-830-4027 1111 Bonifant Street,

Silver Spring, MD 20910www.kglaw.us

confidentiality of our work is protected bystatute and I have never known of any timewhere this confidentiality and trust wasbreached.

So if you or someone you know suf-fers from stress, addiction, emotionalissues, or problems brought on by age orillness, please call us before it is too late.You owe it to your friend, yourself, youremployee, and to the profession to help.We will do the work; but you must makethe call. We are here, and we are waiting.

F. Patrick Kelly, Chair

CURRENT UPDATE


A BALANCING ACT ... This is the part of the newsletter that is here to help you de-stress and lead a morebalanced life. Each month, our newsletter will give you a tip that you mightimplement.

Over the past several months, I have written about practical ways of reducingstress and managing your practice, so that fellow lawyers can live a more satisfyingand healthier life. With all of the pressures lawyers face including deadlines, recordkeeping, difficult clients, getting paid, courtroom issues, calendars, employeeissues, time recording, billing and collections, it's very difficult sometimes to pres-ent our best behavior to other lawyers.

In 1997, the MSBA issued guidelines for lawyer civility which state amongother things that "We will treat all participants in the legal process with respect".When we communicate with each other, whether orally or in writing, it is vital thatwe maintain this posture of respect no matter what the other lawyer is like. Whenwe communicate with others who are not lawyers, the same posture is needed. Inthis way, we can not only make our own lives better, but we can improve the digni-ty of our profession.

One thing we could do when we start a case is begin by giving a call to coun-sel on the other side. Being friendly does not preclude being a strong advocate.Remember, we don't necessarily know what is going on for them. They may not puttheir best foot forward but that is never a reason not to put your best foot forward.Even in the midst of a difficult case, you can change your posture to one of respect.That respect could be for our profession, even if it is not for the lawyer on the otherside.

In our last Bar Journal there was a memorial written about Jack Heise and hisability to make everyone he met feel important. How do you want someone to writeor talk about you? You can change that now with your current caseload. As advo-cates for citizen's rights, let's restore appropriate respect to our profession one mat-ter at a time.

I assure you that if you adopt a more civil posture towards others, you will haveless stress in your life. Think about how good you will feel if you treat fellowlawyers with class no matter who is on the other side. If you already maintain thisposture with other lawyers, bravo!

Geoff Gilbert is a former practicing CPA at Ernst & Young and business attorney in MontgomeryCounty. He now coaches Lawyers, CPA's and Executives to help them manage their practicesbetter and teaches stress related courses at the University of Maryland in College Park. You canreach him through his website at www.executive-coach-for-lawyers.com.

YOUTH COURTHOUSE PROJECT COMMITTEE

Assistant State's Attorney Steve Chaiken talks tothe kids during a Youth Courthouse Project Tour

On November 9, 2009 Judge Debelius, CommitteeChairs Holly Reed and Patty Via, and CommitteeSecretary Diana Metcalf met with the studentsfrom Takoma Park Middle School and SilverSpring International Middle School

Special thanks to Assistant State's Steve Chaiken who talked with the kids.

Tickets:$55 per person, in advance

$65 per person, after 2/1/10Includes :

Food • Dancing • Open Bar

Attire:Evening Cocktail

You may register online atwww.montbar.org

orreturn the form found in this issue

The Barristers’Valentine BashFebruary 13, 2010

7:30pm to 12:00amThe Glenview Mansion603 Edmonston Drive

Rockville, MDDance the night away to

music fromREUNION


Have you checked out the online,affordable and easily learned, practicevehicles available for attorneys who wishto keep an online and highly secure,depository of case materials, emails, eveninstant chats and time keeping for theirclient, staff and any other permitted userswho you want to be able to access virtu-ally all case related email, files, videos,sound clips, photo's, court rulings, plead-ings, research, transcripts, correspon-dence, etc., etc.? If you're not familiarwith this new way of staying out front inyour practice, read on and check it out. Ithink you'll be impressed and may evenwant to give it a try yourself when you getjust a few minutes of down time to use thethe computer.

Basecamphq.com and Acrobat.comare just two of the more establishedonline providers in this still new Internetonline software niche, collectivelylabeled as Cloud Computing. Muchmore than simple and all too basic onlinebackup schemes, these offerings, espe-

cially basecamphq.com are really onlymissing the bricks and mortar of youroffice. These two companies offer to theuser the real-time ability to accessinstant, always up to date information onthe portions of your work you want yourclient to see; your staff to see; your wit-nesses and experts to see; your time andrecords bookkeeper to see and every-thing and anything else you want to see–available online from any computerwithout regard to software or other con-straints.

Best of all, when setting up yourcase(s) you can and of course you should,carefully segregate out what parts of yourcase file are for your eyes and perhaps foryour staff versus what specific items youwant seen by your client or your expertwitness. Completely customizable, I amconfident that these two providers haveincorporated solid and proven state of theart encryption so as to eliminate all ques-tions of security, hacking by intruders andthe other worries lawyers must always

TECH TALK ... by Pat Hoover

bear in mind when uploading case infoonline.

I have had most experience with thebasecamp.hq.com product. I just com-pleted a 14-day special education dueprocess appeal hearing that started in lateSeptember and ended only last week! Wehad it all in this case: several witnessestestified (some for days) at great lengthfor each side–both fact and expert testi-mony. A number of pivotal motions dur-ing the course of the hearing were filed inadvance of the next hearing date. 100exhibits were offered and most of thesewere admitted. We regularly receivedexpedited transcripts of the testimonyfrom the most previous hearing, duringthe hearing's many weeks duration whicheventually exceeded 3,000 pages inlength. Video digital recordings, 10 in all,were taken by our expert during theadministration of standardized testing inher office of the small child whose educa-tional disability and its impact and thequestion of the child's inability to accessthe school curriculum formed the underly-ing issue in the case.

ALAN J. NUTAATTORNEY AT LAW

Social Security DisabilitySustaining Member,

National Organization ofSocial Security Claimants’

Representatives

* * *Veterans Disability

Sustaining Member,National Organization of

Veterans’ Advocates

FREE INITIAL CONSULTATION

Greenbelt HagerstownFrederick Westminster

Gaithersburg

* 301-840-1500 *www.SSBenefitsLawyer.com

WEST & FEINBERG, P.C.Attorneys at Law

is pleased to announce that

James M. Peppe, Esq.has become a shareholder of the firm

Mr. Peppe is a corporate and transactional attorney representing businesses from formationto dissolution. He received his B.A. in economics from Duke University in 1994, magna cumlaude and Phi Beta Kappa; his M.A. in economics from the University of Michigan in 1999;his J.D. from the University of Michigan in 2000, cum laude; and his LL.M. from New YorkUniversity in 2004. Mr. Peppe was recently elected by his peers as a Maryland SuperLawyers Rising Star in business and corporate law and currently serves as Co-Chair of theBusiness Law Section of the Bar Association of Montgomery County.

James M. Peppe, Esq.West & Feinberg, P.C.

4550 Montgomery Avenue, Suite 775NBethesda, Maryland 20814

(301) [email protected]

www.westfeinberg.com

TECH TALK ... by Pat Hoover


The client lived out of state andwould fly in for the hearings. The expertson our side worked outside ofMontgomery County. I was required towork very closely with the client and thewitnesses during the course of the hear-ing. By using the online software atbasecamphq.com, I managed to rathereasily keep everyone on the same page,delegate responsibility and task assign-ment of our staff and of our experts. Ikept my bookkeeper who works out ofNYC, on top of all our billable hours andour expenses; informed the client of theup to the minute status of the case and tomy great relief, finished up the casebefore the New Year.

If you've not seen the kind of onlinecase and communications managementcollaborative vehicles in action, you aremissing out and should set aside the timeto investigate what I predict is the comingwave of attorney and other professionalservice business software that will even-tually be required of us all, if we are tostay competitive. Lest you think only the

large ticket cases are appropriate for theseCloud Computing client case info banks,consider too that I and many others havequickly and successfully used the samescheme for cases of Delinquency and

juvenile law; CDS and DWI criminallaw; soft tissue injury and PI law andmany more. Give it a try, you'll bewowed at the power of instant onlinecase/party related communications.

SAVE THE DATE ...~

116th Annual Meeting & Law Day Celebration

Friday, May 14, 2010 ~ 8:00a.m.-2:30p.m.

Bethesda North Marriott Hotel & Conference Center5701 Marinelli Rd.

North Bethesda, MD 20852

Keynote Speaker:Martin O’Malley

Governor of Maryland


NEW PRACTITIONER SECTION

Happy New Year! We hope thateveryone had an enjoyable holiday season.

We would like to thank all of the indi-viduals who generously donated a coat forour Coat Drive benefitting the MontgomeryCounty Coalition for the Homeless. Wedonated in excess of 100 coats. Great Job!

We would also like to extend our sin-cere thanks to Mary Ellen Flynn, KateMcDonough, and Peter Casciano for pre-senting a CLE on Collections which wasattended by more than 60 people.

Our community service project forthe fall was a huge success. We packed190 boxes of food at the Manna FoodCenter to benefit Manna's regular fooddistribution program that feeds approxi-mately 3,000 households each month. Aspecial thank you to our volunteersJeremy Rachlin, Emily Rachlin, AnneMarie Vassallo, Annemarie Wall, ChrisRoberts, Marianne Hendricks, Ed Biggin,Nindiya G. Ramchandani, MatthewRudow, Eric Klaiber, Heather Collier, andAndrew Schwartz.

Our next Section meeting will beheld on Wednesday, January 20, 2010at 5:30 pm in the Bar AssociationConference Room in the Bar AssociationBuilding. The ADR Section will be join-ing the New Practitioners Section for ajoint program to discuss the various typesof alternative dispute resolution, the ben-efits associated with each, what types ofclaims lend themselves well to ADR,when in the life of a dispute to pursueADR, and tips for advocates representingclients through mediation or arbitration.Please come join us for this important andtimely presentation.

CHAMBER CHATSThis month's chamber chat will be

hosted by one of our new judges, theHonorable Sharon V. Burrell. This is agreat opportunity to come meet JudgeBurrell and get to know her. Judge Burrellwill be hosting the chamber chat onThursday, January 14, 2009 at 12:30

p.m. Judge Burrell's courtroom is locatedin the District Court building at 27Courthouse Square, 1st floor, Courtroom19. Please feel free to bring a bag lunchand any questions you may have for JudgeBurrell. For more information, pleasecontact Laura Gagliuso at 301-838-3214or [email protected].

MENTOR/MENTEECOMMITTEE

The Bar Association is seeking men-tors in all practice areas, with a particularemphasis currently being placed on thosepractitioners focusing their practice areasin family law, bankruptcy law and relatedcreditor matters. We encourage practition-ers who have been in practice for five (5)or more years to take an active role in thisprogram and offer to volunteer to serve asa mentor. If you have any questionsregarding this program, please do not hes-itate to contact either Marc Boland at (301)961-8656 or [email protected] Peter Casciano at (301) 563-6685 [email protected].

Heather S. Collier, Co-ChairAndrew L. Schwartz, Co-Chair


COMMITTEES & SECTIONS

ALTERNATIVE DISPUTERESOLUTION SECTIONMEETING DATESJanuary 13, 2010 March 10, 2010February 10, 2010 April 14, 2010

May 12, 2010All meetings will be held on the second

Wednesday of the month at 8 a.m. atHollywood Diner on Rockville Pike, unlessotherwise noted.

The ADR Section will have a planningmeeting on Wednesday, January 13 at 8 a.m.at the Hollywood Diner on Rockville Pike.We will be discussing upcoming events andour Spring CLE presentation.

The ADR Section will also be joining theNew Practitioners Section on Wednesday,January 20 at 5:30 p.m. in the BarAssociation Conference Room. At this jointmeeting, we will discuss the various types ofalternative dispute resolution, the benefitsassociated with each, what types of claims lendthemselves well to ADR, when in the life of adispute to pursue ADR, and tips for advocatesrepresenting clients through the processes ofmediation and arbitration. Please come join usfor this important and timely presentation.

Erik C. Johnson, Co-ChairJudith A. Mustille, Co-Chair

BUSINESS LAW SECTIONSection Meetings

Tuesday, January 12, 2010Tuesday, March 9, 2010Tuesday, April 13, 2010Tuesday, May 14, 2010 (Law Day)

All section meetings will be held on the2nd Tuesday of the month from 6:00 p.m.-7:00 p.m. at a location to be determined.

Continuing Legal Education SeminarsTuesday, February 9, 2010

CLE Seminars are held in the CLEClassroom of the Bar Building from 5:30-8:30p.m.

Our next monthly meeting will be at6:00 pm on January 12, 2010 at the officesof Paley, Rothman, Goldstein, Rosenberg,Eig & Cooper, Chartered, 4800 HampdenLane, 7th Floor, Bethesda, Maryland 20814.Gary Sutton, Senior Legal Advisor forFinancial Crimes in the Office of GeneralCounsel at the U.S. Treasury Department, willbe speaking on the beneficial ownership legis-lation making its way through Congress(S.569, proposed by Sen. Carl Levin, D-MI).This legislation would mandate that all statescollect "beneficial ownership" informationfrom LLCs and corporations at the time of for-mation and on an annual basis. NCCUSL has

proposed alternative legislation to be adoptedon a state by state basis. The NCCUSL Actwould require all forms of entities (not justcorporations and LLCs) to provide the statewith a "record owners contact" and a "respon-sible individual" who has access to all owner-ship information of the entity. Mr. Sutton hasbeen intimately involved in these matters. Hewill give us some background on the Levinbill, and we will discuss NCCUSL's efforts tomarry the Levin bill with the NCCUSL Act.

We look forward to seeing each of you inJanuary.

James M. Peppe, Co-ChairDemetrios Datch, Co-Chair

CIRCUIT COURT BENCHBAR COMMITTEEJanuary 6, 2010 March 3, 2010February 3, 2010 April 7, 2010

May 5, 2010All meetings will be held on the 1st

Wednesday of the month at 8:00 a.m. in theAdministrative Judge's Conference Room on the3rd floor of the Rockville Circuit Court building.

The Clerk of the Court, Loretta Knight,brings the following matters to your attention:

Rule 7-112(f): The procedure followed by(Continued on following page)


the Circuit Court following the dismissal ofcriminal appeals from the District Court inwhich the defendant was sentenced to a term ofconfinement has been revised effective imme-diately to comply fully with Maryland Rule 7-112(f). The Montgomery County BarAssociation distributed an announcement byJudge Debelius via its listserve, notifying crim-inal practitioners, and both the PublicDefender's Office and the State's AttorneyOffice were informed. The announcement willalso be repeated in the Bar's January newsletter.

Foreclosures: Foreclosure filings contin-ue to increase. The Civil Department is averag-ing between 500 and 600 new foreclosure fil-ings a month. From January 2009 to October2009, there were 5,688 new cases filed. This ishaving a huge impact on the court.

Deeds of Trust: Since the court hasrecently been experiencing a large increase inforeclosure cases being filed with incorrectDeeds of Trust or having no Deed of Trust atall, the clerk will no longer be able to contactthe offices regarding this error. Instead the fil-ing will be returned for correction.

Writs: In addition to the overwhelmingincrease in Foreclosures, the Civil Departmentis experiencing a great increase in requests forWrits. As a reminder, please provide the fol-lowing when filing a request for a writ.

• The original request plus three (3)copies

• Last known address of the judgmentdebtor

• If service by the Sheriff, a $40.00check made payable to MontgomeryCounty Sheriff

• The fee of $25.00 per garnisheeThe Clerk reminds everyone she is avail-

able to hear any concerns or suggestions youmay have regarding the functions of heroffices. She is happy to work with you to findways to improve courthouse services foreveryone. Phone: 240-777-9467; email:[email protected].

If you have any concerns to bring to the

Committee's attention, please feel free to con-tact Co-Chairs: David at (240) 778-2330,[email protected]; or Mimi at(301) 347-1260, [email protected].

David C. Merkin, Co-ChairMimi L. Magyar, Co-Chair

COMMERCIAL LITIGATIONSECTION

The next breakfast meeting of theCommercial Litigation Section will take placeon Wednesday, January 13, 2010, from 8:00- 9:00 a.m., at the offices of Stein, Sperling,Bennett, De Jong, Driscoll & Greenfeig,P.C., 25 West Middle Lane, Rockville. PleaseRSVP to Chris Grube at (301) 838-3269, [email protected].

Our speaker will be Marc Hirschfeld,President/Founder of Precision Legal Serviceswho will speak about e-discovery. Topics willinclude the processes, costs, benefits, etc.,associated with forensic discovery and analy-sis of electronic data. Marc has provided e-discovery solutions to all size firms....thismeeting will be interesting and informative.We hope to see you there.

Jeffrey M. Schwaber, Co-ChairJ. Bradford McCullough, Co-Chair

CRIMINAL LAW SECTIONOur tentative schedule for this fiscal year

is:1/5/10 Gang Prosecutions

2/2/10 PRC3/2/10 Judge Woodward

4/6/10 (CLE TBA)All meetings will begin at 5:30 p.m.

Marc R. Emden, Co-ChairJessica L. Zarrella, Co-Chair

DISTRICT COURT BENCHBAR COMMITTEEJanuary 7, 2010 March 4, 2010February 4, 2010 April 1, 2010

All meetings will be held on the 1stThursday of the month at 8:00a.m. in theJudges' Conference Room (4th Floor) in theDistrict Court building in Rockville.

The District Court Bench Bar Committeehad its December meeting on December 03,2009. The court advised about the followingdevelopments:Criminal

1. District Court appeals. If a defendantappeals his District Court conviction toCircuit Court, and does not prevail, his bondwill be revoked, and his sentence will com-mence immediately. The case will not be sentback to District Court for this purpose.

2. As of January 2, 2009, bond hear-ings in Rockville will go back to being sched-uled for 1:00 PM.

3. In serious traffic cases, the court willhave a procedure for Preliminary Inquiresprior to the scheduled trial date. This will leadto trials proceeding as scheduled, rather thenhaving to be continued. Civil

Attorneys are reminded that privateinformation is not to be included in courtfilings. This information would includedefendant's social security numbers,account numbers, etc. The court has beenreceiving Lines filed by attorneys request-ing that the Clerk delete this informationfrom their filings. The clerk's office can notdo this. Landlord Tenant Cases

There is a problem with the processing ofLandlord / Tenant cases in connection with thecase numbers being imprinted on the new fil-ings. The Court is working on this problemand it will hopefully be resolved in the nearfuture. Other

The court is strongly discouraging thepractice of some attorneys in requestingJudges to take actions in matters that are notbefore them, or scheduled on the docket forthat day and time. The court is seeing a num-




~This EventHas BeenCancelled

~

JANUARJANUARYY 2010 CLE SCHEDULE2010 CLE SCHEDULEREGISTRAREGISTRATION FORM TION FORM

New Practitioner $35.00 Member $65.00 Non-Member $90.00New Practitioner $35.00 Member $65.00 Non-Member $90.00All CLE Seminars are held in the Bar Office CLE Classroom unless otherwise notedAll CLE Seminars are held in the Bar Office CLE Classroom unless otherwise noted

Tax and Financial Planning for Divorce and SeparationTuesday, January 12, 2010 ~ 5:30 PM - 8:30 PMSpeaker: Alan Zipp, CPA- Attorney

This program is designed for Family Law practitioners of all levels of experience. The programwill discuss tax tips and traps affecting clients going through a divorce or separation. Key taxissues involving alimony, child support, property transfers, IRS liens, joint and several tax liability, and deductibility of legal fees will be presented. A comprehensive manual will beincluded as part of the seminar for authoritative reference to Code sections, case law, IRS regulations, rulings, and procedures. Special emphasis will be given to identifying potential taxtraps for the client to avoid such as ordinary income recapture of prior depreciation deductions, built-in gains related to basis adjustments, and tax issues of stock options andcorporate stock redemptions as part of a settlement agreement.

Cyber Law and Education Law: Emerging Issues, Current Concerns & PracticeWednesday, January 27, 2010 ~ 6:30 PM - 8:30 PMSpeakers: Maureen Donohue Feinroth, Esq., Security, Privacy, Wireless and ITGovernance for IBM and Michael Rothman, Esq., Criminal Defense Attorneyexperienced in the criminal litigation issues relating to social networking sites

Social Networks on the Internet such as Facebook, Myspace and E*Harmony currently play a significant role in the areas of Education Law, Family Law, Juvenile Law & Criminal Law. ThisCLE will focus on educating Family, Criminal, Juvenile and Education Law practitioners onhow to use evidence obtained from social networking sites as a sword or potential shield in thelitigation process. The featured speakers are experts in the area of Cyber Law and will presentinformation that will be useful in litigation cases involving evidence produced from socialnetworking sites.

to register and pay online, go tohttp://www.montbar.org/CLE/CLE.aspx

Name:

Address/City/State:

Phone: Fax:

Email:

Payment Method: Visa/MC/Discover or Check Payable to Montgomery County Bar Foundation

Visa/MC/Discover# Exp. Date: CVV Code:

I will need CLE Credits for the following states: OH PA VA Other

Montgomery County Bar Foundation27 W. Jefferson St, Rockville, MD 20850

Attn: Marleni Jimenez (301) 340-2534 fax to: (301) 217-9327

Code: F/410 [email protected]

MONTGOMERY COUNTY CIRCUIT COURTHELPFUL HINTS

FOR THE NEW PRACTITIONER'S MOTIONS PRACTICE

1. Always submit a proposed order with your motion. 2. If a trial date is approaching, include the trial date (or next court event) in the caption of the

motion under the case number in bold. 3. Never send an original motion (or pleading) anywhere except to the clerk's office. No other

office (including Judges' chambers) has the ability to docket the motion. If an original is sentto another office, it will delay the docketing of the motion (and increase the likelihood that itwill be misplaced).

4. If you are reopening discovery for a limited purpose (e.g. for the purpose of taking the deposi-tion of a specific person) include that limitation in your order to avoid confusion about con-struction of the order later.

5. When deciding on when to file a motion, keep timing issues in mind. After a motion is filed,it takes time to docket the motion and any opposition and then deliver the file to the correct per-son for ruling or to schedule a hearing. Therefore, don't wait until a few weeks before trial tofile your discovery motion because by the time it reaches the Judge for ruling, there won't beenough time to compel any meaningful production.

6. Avoid combining motions and oppositions. If an opposition is combined with a motion request-ing affirmative relief, the motion could be missed during docketing and result in significantdelay in getting a ruling.

7. Always file an opposition unless you consent to the relief requested in the motion, even if youropponent has requested a hearing. Hearings are not always granted when requested.

8. If you file a motion for a protective order seeking to preclude the discovery of information,don't just say the information sought is irrelevant. Include any facts on which you base yourmotion, in your motion.

9. When attaching exhibits to motions, keep privacy concerns in mind. Many motions are filedwith attachments that include the parties' social security numbers, dates of birth and other iden-tifying information.

10. If you are seeking to modify a scheduling order, always file your request prior to the expirationof the deadline you wish to extend and include the proposed dates in your order, making surenone of the dates requested is a weekend or holiday.

11. Abide by the margin requirements set forth in Rule 1-301. Avoid using font size that is toosmall. Less than twelve point font is too small for most judges.

12. Keep page limitations in mind when filing motions. Motions filed in Track 2 and Track 3 civilcases should not exceed 15 pages and oppositions should not exceed 10 pages without leave ofcourt.

13. casesearch.courts.state.md.us is a very useful website. It allows you to see the docket entriesas they are entered by the clerk's office.

Holly WhittierNovember, 2009


ber of requests that are presented as "emergen-cies". If the matter is not a true emergency, itwill not be treated as an emergency, simplybecause the attorney puts emergency on thepleading. Expediting Motions

It has been suggested that one way toexpedite a ruling on a motion is to put theother side's position on the motion. If a motionis consented to by the other side, it can beimmediately sent to a judge, rather then hav-ing to wait for the required time for the otherside to respond and express their position.

Richard D. London, Chair

EDUCATION LAW SECTIONJanuary 15, 2010 March 5, 2010February 5, 2010 April 2, 2010

All meetings will be brown bag sessionsto be held on the 1st Friday of the month at12:00 Noon in the Conference Room of the BarAssociation building, unless otherwise noted.

UPCOMING TOPICS AND GUESTSJanuary 15, 2010, 12 Noon (Brown Bag)

Topic on education, civil rights andMLK's dream. Speakers being planned rightnow. Email or call Melissa at 301.424.5777 if

you would like to present at this specialEducation celebration.Wednesday, January 27, 2009 (6:30p.m. to8:30p.m.) (CLE Seminar)CyberLaw and Education Law: EmergingIssues, Current Concerns, And Practice.

Expert Panelists: Maureen DonohueFeinroth, Esq., Security, Privacy, Wireless andIT Governance for IBM; Michael S. Rothman,Esq., Internet Crimes Defense Attorney.

Social Networks on the Internet such asFacebook, MySpace and E*harmony current-ly play a significant role in the areas of educa-tion law, family law, juvenile law, and crimi-nal law. This CLE will focus on educatingfamily, criminal, juvenile and education lawpractitioners on how to use evidence obtainedfrom social networking sites as a sword orpotential shield in the litigation process.Featured speakers will be experts in the areaof Cyber law. We look forward to seeing youon January 27, 2009 for this CLE that willprove to be very insightful in enhancing theway that you use evidence in your practice.February 5, 2010, 12 Noon (Brown Bag)

Diana Savit, Esq., will share one of herrecent successful court cases involving specialeducation services, as well as share practition-er tips and strategies for due process cases.

While I intend our section to remain as anopen forum for discussion and sharing storiesand advice, we are also inviting speakers tojoin us during our sessions.

Patrick J. Hoover, Co-ChairLynndolyn Mitchell, Co-Chair

ELDER LAW SECTIONJanuary 13, 2010 April 14, 2010February 10, 2010 May 12, 2010March 10, 2010 June 9, 2010

All meetings will be held on the 2ndWednesday of the month at 8:00a.m. in theConference Room of the Bar AssociationBuilding, unless otherwise noted.

Harold Krauthamer, Chair

EMPLOYMENT LAWSECTION

Please also mark your calendars for ourCLE on March 3, 2010. The EmploymentLaw Section and the Personal Injury sectionare sponsoring a CLE entitled ProvingDamages: The Nitty Gritty. AdministrativeJudge John W. Debelius and Richard Seymourwill lead a discussion on the identification andpresentation of damages in State and FederalCourt. The main topics will include medicalcosts, past wages and benefits, future wages,compensatory damages, consequential dam-ages, punitive damages, attorney's fees, themitigation of damages, and the appropriateuse of experts. This seminar is a designed forboth new and advanced practitioners.

Please register by visiting our website athttps://www.montbar.org/Calendar/Default.aspx.

Laurel N. Anchors, Co-ChairGwenlynn W. D’Souza, Co-Chair

ESTATE & TRUST LAWSECTION MEETING DATESJanuary 11, 2010 March 8, 2010February 8, 2010 April 12, 2010

~ There will be no meeting in December ~



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Phone: 301.345.1200 Phone: 301.423.0967

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INSIGHT TREATMENTCENTERS

(Continued from page 14)



All meetings will be the NEW SHUL-MAN ROGERS OFFICE ADDRESS: 12505PARK POTOMAC AVENUE, 6TH FLOOR,POTOMAC, MD 20854.

Lunch will be available starting at 11:45a.m., and is courtesy of this year's sponsors(both repeats from prior years): FiduciaryTrust Company (Peter Carnathan 202-822-2110) and Plan of Maryland, Inc. (BernieRaiche 301-587-7815). Please make sure tothank our sponsors, with whom without thiswould be a brown-bag event!

To RSVP for any of the monthly meetings,call or e-mail my assistant, Christine Hutt at301-230-6565 or [email protected].

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONHappy New Year 2010! That said, the

Family Law Section brought the New Year inwith a bang thanks to Delaney McKinney,LLP. The Family Law Section Holiday partywas held at their new Chevy Chase offices onDecember 10, 2009. The turnout was huge,the food great and the conversation engaging.The Section owes a huge thank you toDelaney McKinney and we can't thank youenough for your hospitality and generosity.Now let's continue rolling.

The entire Bar has a thirst for knowledgeand information and thanks to the hard workof the Section's CLE and Program co-chairsthe Section intends to offer an outstandingslate of CLE's and programs for 2010. As tothe current slate of CLE's, we have a lot ofthem lined up for you this winter and spring.

On January 12, 2010 from 5:30 - 8:30pm Alan Zipp will be conducting a CLE entitledTax and Financial Planning for Divorce andSeparation. Given the high incomes and highnet worth of much of our Montgomery Countyclientele this is an opportunity to hear from Alan–a local practitioner who has been qualified asan expert witness in countless courts.Additionally, on March 25, 2010, 5:30-8:30 pm

Rene Sandler will be conducting a CLE entitled,"What exactly is Child Protective Services andWhat to do When CPS Invades Your FamilyLaw Case." Rene has an extensive criminal andfamily practice and has graciously agreed toshare just a small amount of her knowledge.

On April 8, 2010, again from 5:30 -8:30 pm Jeffrey Greenblatt of BrodskyGreenblatt Renehan & Pearlstein, Chtd willbe conducting his annual Family LawUpdate. This is a "standing room only event"and CLE that cannot be missed. Moreover,the written materials that Jeff puts togetherfor the Section are simply something thatevery family law practitioner must have fortheir practice. Furthermore, our former BarPresident, Mary Ellen Flynn, on April 28,2010, 5:30 -8:30 pm will be telling us all"How to Collect Your Fees." Additionally,there will be two (2) breakfast CLE's thisspring by Judge Salant and Judge Callahanon March 25, 2010 and May 18, 2010,respectively. They will each provide theSection with their valuable tips and pointersfor appearing before each of them in familylaw cases. Please don't miss any of these andmany more are on the way!

Turning to the Programs for the upcom-ing year, all will be held on the followingdates from 5:30 to 7:30pm in the BarAssociation classroom:

• January 21, 2010 Real Estate:Eviction the Non-Titled Spouse

• February 18, 2010 Technology:Tips & Tools for Trial and Practice

• March 18, 2010 CustodyEvaluations: Do's and Don't's

• April 15, 2010 The Basic UniformLaws: UIFSA, UCCJEA, PKPA, ICAR, UCAand The Hague

• April 22, 2010 beginning at 5:30 pmOffit Kurman, Attorneys at Law, will be hostingthe Section's annual Wine and Cheese at theirnew offices at 3 Bethesda Metro-Center Suite200, Bethesda, MD. Mark your calendars foranother evening of fun and good conversation!

• May 14, 2010 is Law Day and the

Family Division Masters will be conductinga program regarding the applicability of theRules of Evidence in Family Law trials. Lawday is always a highlight for the entire bar asnew Section chairs and Bar officers are elect-ed and installed.

Please note that a Three (3) DayCollaborative Practice Team Training is comingthis March. The law firm of Shulman, Rogers,Gandal, Pordy and Ecker, will be hosting thenext Collaborative Law Team Training onMarch 4, 5, & 6 2010 at their new Potomacoffices. Collaborative Law is a dispute resolutionmodel in which both parties to the dispute retainseparate, specially-trained lawyers whose onlyjob is to help them settle the dispute. However, ifyou wish to practice Collaborative Law-you mustfirst be trained. The cost for training is $795 perperson for all three days ($845 if received afterFeb 11, 2010). Continental breakfast, snacks,beverages and lunch are provided each day.Please contact Margie Hofberg [email protected] to register.

We urge everyone to come out and attendas many of the CLE's and Programs that yourschedules allow.

The interest in the Section's Pro Bono initia-tive, during the week of February 16, 2010, hassimply been overwhelming. Many of you haveagreed to staff Domestic Violence courtrooms inboth the Circuit Court and both of the DistrictCourts during the week–however, we still needvolunteers. If anyone wishes to volunteer, pleasecontact Carlos Lastra at 301-869-1700 immedi-ately. Carlos will be conducting a training ses-sion at 5:30pm on January 25, 2010 at the BarAssociation classroom for all volunteers.

A special thank you to Matt Connors andhis cohorts at Lexis-Nexis for providing foodand beverages to all of the Section meetingsand for committing to provide food andrefreshments to the Pro Bono DV Initiativevolunteers during the January 25th orienta-tion/training session. We are also excited toannounce that in support of this year's ProBono Initiative, Lexis-Nexis will be donatingresearch attorneys and access to their database


Litigation Support – Expert Witness TestimonyBusiness Valuation – Pension Valuation – Financial Analysis

Forensic Accounting – Financial Fraud InvestigationsTax Issues – Income Tax Preparation

Alan ZippCertified Public Accountant

Attorney at LawCertified Business Appraiser

Certified Fraud Examiner

Telephone 301-340-0084 – [email protected] Hungerford Drive, Suite 13 Rockville, MD 20850

EXPERT WITNESSBanking Matters

FraudLender Liability

30+ Years Experience

R. Hugh RialRial & Associates LLC

(301) 509-0655www.rialassociates.com


to all volunteer attorneys in each courthousethroughout the week.

Geoffrey S. Platnick, Co-ChairClark Wisor, Co-Chair

IMMIGRATION LAWSECTION MEETING DATES

Mark Your Schedule to UpcomingBrown Bag Meetings (1st Wednesday):

o January 6th, 2010 Topic - Family-Based Residency

o February 3rd, 2010o March 3rd, 2010o April 7th, 2010o May 5th, 2010All meetings will be held on the 2nd

Wednesday of the month at Noon in the CLEClassroom of the Bar Association Building,unless otherwise noted.

Thought of the Month: Residency based onmarriage to a U.S. Citizen - the devil is in thedetails. Some of my most important case victo-ries are the cases I did not file because closeinspection of client documents revealed ineligi-bility or prior fraudulent acts. While preliminaryeligibility for residency is fairly quick analysisfor the experienced immigration attorney, reliableand effective representation requires detailedinspection of each document which could be

requested by or may otherwise be available to thegovernment. It is important not to let clients steerthe interview process to avoid directly addressingproblem or sensitive issues. In the case of miss-ing documents, it is best to be skeptical regardingthe existence of the documents which client's sayare unavailable or unusually difficult to obtain.

Matthew Glinsmann, Chair

INTELLECTUAL PROPERTY& TECHNOLOGY LAWSECTIONJanuary 12, 2010 March 9, 2010February 9, 2010 April 13, 2010

May 11, 2010Meetings will be held on the 2nd Tuesday

of the month at 8:00 a.m. in the ConferenceRoom of the Bar Association Building

Jeffrey I. Auerbach, Co-ChairMichael L. Greenberg, Co-Chair

JUVENILE LAW SECTIONThe Juvenile Law Section will meet on

Wednesday, January 13, 2010 in Courtroom20 of the District Court at 12:30PM. Pizzawill be provided

Stephanie L. Joseph, Co-ChairCarlotta A. Woodward, Co-Chair

LAW FIRMMANAGEMENTMEETING DATESJanuary 21, 2010 March 18, 2010February 18, 2010 April 15, 2010

May 20, 2010All meetings will be held on the 3rd

Wednesday of the month at 8:00 a.m. in theConference Room at the offices of Ward &Klein, Chartered, 2275 Research Blvd,Suite 720, Rockville, MD, unless otherwisenoted.

David M. Schoenfeld, Chair

LEGAL ETHICSCOMMITTEE MEETINGDATESJanuary 13, 2010 April 14, 2010February 10, 2010 May 12, 2010March 10, 2010 June 9, 2010

All meetings will be held on the 2ndWednesday of the month at 4:30 p.m. in theConference Room of the Bar AssociationBuilding, 27 West Jefferson St., Rockville,MD, unless otherwise noted.

Jeffrey M. Axelson, Co-ChairSamuel M. Shapiro, Co-Chair





MENTOR-MENTEECOMMITTEE

The Bar Association's Mentor-MenteeProgram strives to foster professionalism andimprove the practice of law in MontgomeryCounty by having experienced practitionersserve as mentors to new practitioners. Byserving as a mentor, experienced practitionersare able to provide general guidance andadvice to mentees regarding the practice oflaw, as well as foster collegiality and profes-sional relationships throughout the BarAssociation.

The Bar Association is seeking mentors inall practice areas, with a particular emphasiscurrently being placed on those practitionersfocusing their practice areas in family law,bankruptcy law and related creditor matters.We encourage practitioners who have been inpractice for five (5) or more years to take anactive role in this program and offer to volun-teer to serve as a mentor. If you have any ques-tions regarding this program, please do nothesitate to contact either Marc at (301) 961-8656 or [email protected] or Peterat (301) 563-6685 or [email protected].

Marc W. Boland, Co-ChairPeter Casciano, Co-Chair

PERSONAL INJURYLITIGATION SECTIONMEETING DATESJanuary 29, 2010 March 26, 2010February 26, 2010 April 30, 2010

All meetings will be held on the lastFriday of the month at Noon in the ConferenceRoom of the Bar Association Building at 27West Jefferson St., Rockville, MD, unless oth-erwise noted.

Happy New Year. We hope you had awonderful Holiday Season.

At the October meeting, RNLegal pro-vided an informative presentation concern-ing the H1N1 virus and lunch to those inattendance. Thanks to RNLegal for a greatpresentation. Our Section CLE, which wasoriginally scheduled for November 18th hasbeen tentatively rescheduled for theevening of March 3, 2010. Please markyour calendars as this promises to be a greatprogram.

SEA Engineering and CommercialBureau Index, Inc. are busy preparing the pre-sentations that are scheduled for 2010. Furtherinformation regarding these programs will beprovided.

Andre Forte, Co-ChairPaul S. Chung, Co-Chair

REAL ESTATE LAWSECTION MEETING DATESJanuary 12, 2010 March 9, 2010February 9, 2010 April 13, 2010

May 11, 2010All meetings will be held on the 2nd

Tuesday of the month at 8:00 a.m., unless oth-erwise noted.

Matthew D. Alegi, Co-ChairAlexis H. Peters, Co-Chair

TAXATION LAW SECTIONJanuary 11, 2010 March 8, 2010February 8, 2010 April 5, 2010

May 10, 2010All meetings will be held at 5:30 p.m. at

the offices of Kundra Tax Law, 110 NorthWashington St., Suite 406, Rockville, MD.

Our next meeting will be January 11,2010 at 5:30pm at Kundra & Associates, 110North Washington Street, Suite 406 inRockville, MD.

Please remember to join us for the nextCLE on February 3, 2010 (5:30 p.m. – 8:30p.m.) titled The Nuclear Winter of TaxAmnesty, Staying off of the Hot Seat withIRS & Maryland & Stricter Standard in theLand of Worker Classification. It will prove


to be most topical and informative–we lookforward to seeing you there!

~Statute of Limitations RegardingOverstatement of Basis

On September 28, 2009, the TreasuryDepartment issued Temporary Regulations(TD 9466) extending the statute of limitations("SOL") for making tax assessments when ataxpayer understates her income as the resultof overstating the basis of a sold asset. Thenew regulations lengthen the SOL to 6 yearswhen a taxpayer's overstatement of basis caus-es a more than 25 percent understatement ofincome reported on her tax return.

In general, the SOL limits the time peri-od during which the Internal Revenue Service("IRS") can assess an additional income taxliability against a taxpayer. Section 6501(a) ofthe Internal Revenue Code ("IRC") providesthat "any tax imposed by this title shall beassessed within 3 years after the return wasfiled." The three-year assessment periodextends to 6 years "[i]f the taxpayer omitsfrom gross income an amount . . . which is inexcess of 25 percent of the amount of grossincome stated in the return . . . ." When a sub-stantial omission exists and the 6-year assess-ment period applies, the entire return is openfor adjustment, not just the omission.

Under IRC § 6501(e)(1)(A)(ii), in deter-mining the amount of gross income a taxpayerhas omitted from her return, the total excludeddoes not include any amount disclosed in thetaxpayer's return, or in a statement attached tothe return "in a manner adequate to apprise the[IRS] of the nature and amount of such item."

There has been a continuing issue as towhether an overstatement of basis in a soldasset results in an omission from gross incomesuch that the 6-year SOL applies. Courts haveinterpreted the rules differently. In BakersfieldEnergy Partners, LP v. Comm'r, 128 T.C. 207(2007), the Tax Court held that the 6-year SOLdid not apply to a basis overstatement.However, other courts have held that the SOLis extended where an understatement of incomeresults from basis overstatement. See HomeConcrete & Supply, LLC v. United States, 599F. Supp.2d 678 (E.D.N.C. 2008). Thus, theTemporary Regulations were promulgated toclarify that the 6-year SOL applies where theoverstatement of basis in a sold asset results inan understatement of income that exceeds 25%of the gross income reported on the return.

The IRS' rationale is that gross incomefor purposes of the SOL for tax assessmentshould be determined by the definition underIRC § 61. That section defines gross incomeas including "gains derived from dealings inproperty." The associated TreasuryRegulations further explain that gain equals"the excess of the amount realized over theunrecovered cost or other basis for the proper-ty sold or exchanged." Hence, any overstate-ment of basis that causes an understatement of

gross income constitutes an omission fromgross income for purposes of determining theapplicable SOL.

The Temporary Regulations apply to tax-able years with respect to which the period forassessing tax did not expire prior to September24, 2009.

Chaya Kundra, Chair

TECHNOLOGY COMMITTEEMEETING DATESJanuary 27, 2010 March 31, 2010February 24, 2010 April 28, 2010

May 26, 2010All meetings will be held on the last

Wednesday of the month at 5:00p.m. at theoffices of Dragga, Hannon, Hessler & Wills,LLP, 110 North Washington St., Suite 300,Rockville, MD 20850, unless otherwise noted.

Holly D. Reed, III, Co-ChairPatricia P. Via, Co-Chair

WORKERS’ COMPENSATIONSECTION MEETING DATESJanuary 14, 2010 March 11, 2010February 11, 2010 April 8, 2010

Meetings will be held on the 2ndThursday of the month at 4:30 p.m. in theConference Room of the Bar AssociationBuilding at 27 West Jefferson St., Rockville,MD.

Please call Brian Riley or MatthewTidball with suggestions for future meetingtopics. Most future meetings will include a"round table" session for members to raise anddiscuss their workers' compensation questionsand issues.

Brian P. Riley Co-ChairMatthew S. Tidball, Co-Chair

YOUTH COURTHOUSEPROJECT COMMITTEEMEETING DATESJanuary 6, 2010 March 3, 2010February 3, 2010 April 7, 2010

May 5, 2010All meetings will be Brown Bag Lunch

meetings, to be held on the 1st Wednesday ofthe month at 12:15 p.m. in the BarAssociation Conference Room, unless other-wise noted.

Holly D. Reed, III, Co-ChairPatricia P. Via, Co-Chair



CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Five Years ofSuperior Service

To The Community* DWI Evaluation, Education/Counseling (6 weeks and 26 weeks)* Adolescent and Adult Drug/Alcohol Programs* Outpatient Mental Health Services* Individual, Couples, Group therapy by licensed professionals* Approved and Certified by the State of Maryland* MVA classes in Spanish and English (new licenses)

424 N. FREDERICK AVE., #8A, GAITHERSBURG, MD ~ 301-258-2626www.circletreatment.com

The Pro Bono Program continues toassist a rising number of low-income resi-dents in Montgomery County. We needyour help to meet the demand!! Togetherwith our many committed volunteers, ourPro Bono Program serves over 3000 lowincome residents during the course of year.Please call the Pro Bono Program to seehow you can get involved.

Our intake is open Monday throughThursday 9:00 am to 4:30 PM. As theeconomy continues to be challenged, thepoorest in Montgomery County are alsoincreasingly faced with housing, employ-ment, and family crises. You can make adifference by just attending our clinicsone evening or taking a pro bono case.We are presently scheduling attorneysfor the 2010 calendar year. Please call(301) 762-5831 or email [email protected].

Our Family Law Training Sessionsknown as the Rita Rosenkrantz FamilyLaw Training are currently available forviewing by webcast by any attorney whowants a refresher or would like to expandinto this practice area. This extensiveand in-depth six hour family law trainingis a must see!! The excellent compilationof family law materials are available forfree to any Maryland barred attorneys ingood standing who agree to take a probono case!! They can also be viewedvia webcast at the following link:http://www.gorebrothers.com/webcast/mcba/

Our legal clinics offer a very uniqueopportunity to get a glimpse of the manycomplex issues facing our low-income resi-dents including debt and bankruptcy prob-lems, divorce, custody, child support, hous-ing, employment/contract issues, individualrights or disability cases. The PRO BONOEvening Legal Clinics are now at four loca-tions. The Germantown clinics are super-vised by Jonathan Bloom, Esquire andMaryKay Canarte. The Evening LegalClinics at TESS and the Gilchrist Center inWheaton continue to thrive under the ableassistance of Jay Marks, Esquire, DavidVega, Esquire, and Juan Carlos Washington,Esquire. Our newest clinic at the EASTCOUNTY REGIONAL SERVICES CEN-TER, is located at 3300 Briggs ChaneyRoad, Silver Spring, MD 20904 and issupervised by Manny Montero and JuanCarlos Washington.

The volunteer attorneys who attend ourclinics get to do pro bono service while alsonetworking with other attorneys and theclients. It is a rewarding experience for allwho attend. Attorneys must be scheduledinto the clinics. If you would like to havethis unique opportunity to be apart of some-

thing very special or you would like toreview available cases, please contactMaryKay Canarte at (301) 762-5831. Someattorneys come for a season and some stayfor many seasons to come. Come join theclinic team!

OUR FAMILY LAW JUDICARE ANDCUSTODY HEROES….

We are pleased to announce that thehourly rate was increased to $80.00 perhour for complex JUDICARE CUS-TODY AND COMPLEX FAMILY cases.If you are interested in receiving refer-rals for JUDICARE, please [email protected] or call (301)762-5831. Attorneys who accept thesecases must also accept another pro bonocase at the same time.

A major focus of the pro Bono programremains achieving stability for families andchildren who have never had access to anattorney or do not have Court Orders forcustody and support. We do not handlemodifications, contempts, or post judgmentmatters. Please review the websitewww.montbar.org to see what types ofcases are handled by our program. If youare interested in participating, please con-tact [email protected] or call(301) 762-5831.

The following attorneys providedlegal services for the Pro Bono Programduring the month of November 2009. Onbehalf of the Board of Directors of theBar Foundation, we wish to thank thesesuper attorneys for their much neededassistance and dedication!!

Intakes - 183 Cases Opened - 167Cases Referred - 40 Cases Closed - 180

Pro Bono Case Referrals

Orlando D. Barnes Judith L. Bluefeld Michael Callahan Herbert Dubin James Dyson Christal E. Edwards Stacy Kurnot

Heather R. McCabe Emily L. RussellRosa M. Sobhraj Neil W. Tyra*Jerry Williams III*Lynette A. Whitfield Michael G. Wolff

Judicare 2010 Referrals

EVENING CLINICS

1st and 3rd Wednesday of each month(6:00 PM to 8:30 PM)Tel: (301) 565-7675TESS Community Service Center8513 Piney Branch RoadSilver Spring, Maryland 20901

2nd and 4th Wednesday of each month(5:30 PM to 8:00 PM)Tel: (240) 777-4940 Charles W. Gilchrist Center

for Cultural Diversity11319 Elkin StreetWheaton, Maryland 20901

2nd and 4th Tuesday of each month (6:00 PM - 8:30 PM)Tel: (240) 777-6940Charles Gilchrist Center for CulturalDiversity - Upcounty Germantown 12900 Middlebrook RoadGermantown, MD 20874

1st and 2nd Thursday of each month (5:30 PM - 8:30 PM)Tel: (240) 777-8400EAST County Regional Services

Center3300 Briggs Chaney RoadSilver Spring, MD 20904

*2 cases **3cases

Jonathan BloomAnna Bradley McBethMaryKay Canarte

Galina RakityanskayaYale RodmanRobert Wagman

Scott LloydJerry Lyell

David Vega Juan Washington

Ken AuerbachRoger GoldenJerry LyellJay MarksKathryn McDonough

Patricia McDonaldDaniel RenartPriya SharmaDavid VegaJuan Washington

Gilchrist Germantown Center

TESS Center

Gilchrist Wheaton Center

Joe GaffiganDontrice HamiltonJohn HopkinsEshigo Okasili

Manny MonteroKwaku OforiJuan Washington

East County Briggs Chaney Clinic

Elliott A. Alman Jillian Aylward Orlando D. Barnes Rodella Berry Judith L. Bluefeld Thomas K. Brown John Burns Ellen Ann Callahan Michael Callahan Seth Diamond Herbert Dubin James Dyson

Christal E. Edwards Debra Koh Stacy Kurnot Heather R. McCabe Marcia J. MillsMarc Ominsky Emily L. Russell Rosa M. Sobhraj Erick Soderberg Neil W. Tyra Jerry Williams III*


PRO BONO UPDATE ... by Mary Kay Canarte, Managing Attorney

SPECIALTY BAR ASSOCIATIONS


J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC.,Montgomery County Committee'smonthly meeting will be held on Saturday,January 9, 2010, from 9:30 a.m. to 11:30a.m. in the conference room of the BarAssociation of Montgomery County,Maryland, 27 West Jefferson Street,Rockville, Maryland 20850. Breakfast willbe served. The Committee usually meets onthe first Saturday of the month. If you can-not come to this meeting, please join us onSaturday, February 6, 2010. For moreinformation, contact Holly Reed, Esq. at(301) 587-9480.

The J. FRANKLYN BOURNE BARASSOCIATION, INC. will be having itsLEGISLATIVE RECEPTION onThursday, January 21, 2010 at 6:30 p.m.at Harry Browne's Restaurant in Annapolis.The restaurant is located at 66 State Circle,Annapolis, MD 21401.

MONTGOMERY COUNTYWOMEN’S BARASSOCIATION

Happy 2010!Many thanks to Susan Oldham for

hosting, yet again, a fabulous holiday party!As ever, she is the most gracious of host-esses to open her home to us! Our holidayparty would not have happened without thehelp of Judge Cheryl McCally, MarjorieDiLima, Sherry Leichman, Master LisaSegel, and our many volunteers - thank you!

Mark your calendar for our Auction

on March 13, 2010. For details and to vol-unteer, please contact Heather Collier([email protected]) or LiliKhozeimeh ([email protected]). And,our Take Your Child to Work Luncheonis April 22, 2010 - more details to come.

Lindsay Parvis, Chapter President

MONTGOMERY COUNTYWOMEN'S BARFOUNDATION

The Montgomery County Women'sBar Foundation hosted its 9th annual FallForum at Montgomery College, RockvilleCampus on Saturday, November 21, 2009.This year the keynote speaker was MargaretH. Baker, who grew up in this area and isnow an actress, model and motivationalspeaker. The girls in attendance wereinspired by her story of having Alopeciawhile growing up and how she learned toembrace her adversity and fit into a worldthat is not always kind or accepting. Theattendees also enjoyed the many workshopsoffered and the fashion show at the end ofthe day.

This event would not be possible with-out the help of the planning committee andalso the many volunteers who give up aSaturday to not only work but spend timewith our participants. The list of financialcontributors is listed below and on behalf ofthe Women's Bar Foundation, I thank youfor your generosity and continued supportof this program.

Anyone that is interested in helpingwith next year's Fall Forum, please get intouch with Judge Katherine D. Savage at240-777-9372. The planning committee isalways looking for new ideas to make thisprogram bigger and better.

PREPARING FOR SUCCESS 2009DONATIONS

PLATINUM SPONSORSDarryl Norwood, MCPS Court LiaisonEuroMotorcars, Charles HarmelJames and Katherine SavageJo Benson Fogel, PALaw Office of Donna VanScoyLaw Office of Rebecca Nitkin, Esq.Paul Saltzman and Rebecca Nitkin

GOLD SPONSORSAlbright & Rhodes, LLCAndalman & Flynn, PCEllen L. Lee, Esq.Ethridge, Quinn, McAuliffe, Rowan &

HartingerJohn S. Weaver, Esq.Lerch Early & Brewer, Chtd.Michael G. Banks, Esq.Paley, Rothman, Goldstein, Rosenberg, Eig

& CooperPitterich & Snedegar, PCSachitano, Strent, Hostetter LLCStrosnider's Hardware Store, Stan SmithWilliam E. Hewitt, Jr., PC

SILVER SPONSORSArmstrong, Donohue, Ceppos & Vaughan,

Chtd.Avery & UptonBrault Graham, LLCBregman, Berbert, Schwartz & Gilday, LLCCarol G. Freeman, Esq.Clark & Glass, LLPClifford, Debelius, Bonifant, Fitzpatrick &

Hyatt, Chtd.David P. Korteling, Esq.Delegate Kathleen M. DumaisElizabeth G. Loggia, Esq.Flynn & Rismiller, LLCHaspel & McLeod, PCJennifer Fairfax, LLC

Tickets:$55 per person, in advance $65 per person, after 2/1/10

Includes : Food

DancingOpen Bar

Attire:Evening Cocktail

You may register online atwww.montbar.org

orreturn the form found

in this issue

The Barristers’ Valentine BashFebruary 13, 2010

7:30pm to 12:00amThe Glenview Mansion603 Edmonston Drive

Rockville, MDDance the night away to

music fromREUNION



John Patrick Kudel, PAJoseph M. Quirk, Esq.Laura Kane, PALegal Outsourcing Solutions, LLCLori S. Rothfeld, Esq.McCarthy Wilson LLPRobert R. Michael, Chtd.Sandground West New & Lowinger, P.C.Sandler Law LLCSusan Sheehan Oldham, Esq.William D. Foote, Jr., Esq.

SPONSORSAlan J. Katz, Esq.Carol R. Schifter, Esq.Dena C. Feeney, Esq.Fey, Wagner & Sacks, LLCFloyd Willis, III, Esq.J. Franklyn Bourne Bar AssociationLaura Magnuson, Esq.Maeve McGrath, Esq.Marylin Pierre, Esq.Oakley & Eckstein, PCPhilip S. SchwartzTavo Total Health, Phil Tavolacci

IN KIND CONTRIBUTIONSAustin Grill, Rockville Town SquareBaci Italian Restaurant, RockvilleClyde's Tower Oaks Lodge, RockvilleGiant of Bethesda RowJouvence Aveda Salon & Spa, Rockville

Town SquareOn the Edge Beauty Salon, GaithersburgPrincess Jewelers, RockvilleRegal Movie, RockvilleRobeks, Rockville Town SquareStarbucks, Rockville Town SquareTastee Diner, Silver Spring

Lenore SchneidermanTreasurer, Women's Bar Foundation

SPECIALTY BAR ASSOCIATIONS

(Continued from preceding page)AMERICAN LAW INSTITUTE | ABA SEMINARS/WEBCASTS

~Thursday, January 14, 2010

Asset Protection for the Middle Class: Using Income-Only Trusts forTrue Asset Protection

~ live telephone seminar and live audio webcast ~Wednesday, January 20, 2010

Attorney-Client Privilege and Work Product Protection~ live telephone seminar and live audio webcast ~

Thursday-Saturday January 21-23, 2010 Employment and Labor Relations Law for the Corporate Counsel

and the General Practitioner~ on site in Washington, DC | live video webcast ~

Tuesday, January 26, 2010 Stress Management for Lawyers

~ live video webcast ~Wednesday, January 27, 2010 Legal Ethics in a Wired World

~ live telephone seminar and live webcast ~

For information on any of the programs listed above or to register, please visit thewebsite at www.ali-aba.org.

NEW ADMITTEECOURTHOUSE TOUR &RECEPTION

March 16, 2010

All BAMC Members are invitedto welcome the newest members ofthe Maryland Bar.

The tours of the District andCircuit Court in Rockville willbegin at 4:30p.m. in the CircuitCourt. A reception will follow inthe Circuit Court Atrium around5:15p.m.

Please RSVP by March 12thto Andrew Schwartz [email protected].


WHAT’S NEW ...

Lawyers Rising Star in business and corpo-rate law and currently serves as Co-Chair ofthe Business Law Section of the BarAssociation of Montgomery County.Pasternak & Fidis, a Bethesda-based lawfirm, has hired Elizabeth Sun-Young Kimas its newest associate. Ms. Kim is workingin the firm's Estate Planning &Administration Group. Ms. Kim receivedher J.D. in 2006 from the George MasonUniversity School of Law, where sheserved as vice president of the Full-TimeDay Division Student Body and as presi-dent of the Asian Pacific American LawStudents Association. Ms. Kim graduatedcum laude and with University Honors in2000 from Miami University's School ofBusiness with a Bachelor of Science inManagement Information Systems anddouble minors in Arts Management andViolin Performance. Ms. Kim can bereached at [email protected] or at(301) 656-8850, extension 441. She is amember of the bars of Virginia and theDistrict of Columbia.

RENT/LEASEBETHESDA – Paley Rothman in

downtown Bethesda near Metro hasapproximately 2,380 square feet of spaceavailable for sublease as a result of a priorsubtenant vacating the space. Spaceconsists of reception area, two large offices,one slightly smaller office and a conferenceroom. Separate entrance. Available onshort notice. Inquiries to Diane Fox [email protected] or 301-951-9336.GAITHERSBURG – Individual Officesand/or 2 Office Suite – Copier, fax,voicemail, conference room, DSL and roadsignage available. Desirable location onRoute 355. $750-$1,500/month. Call 301-987-2002 or email [email protected] – Windowed officeavailable in first class building on Rt. 355,near Shady Grove Road. Office suite hasjust been built out. Includes internet, phone,fax, copier, kitchen, and 2 conferencerooms. Available furnished. Secretarialspace also available. Plenty of parking. Onlya 5 minute drive to courthouses. Overflowwork available. Call 301-670-6333.GERMANTOWN – Churchill ExecutiveOffice Park – high visibility, convenient toI-270; 1,000 SF end unit now available.Call 301-251-9200.NORTH BETHESDA/ROCKVILLE –Two attorney offices in law office suite.Walking distance to White Flint Metro; easyaccess to Rockville Pike and Old GeorgetownRd. and 270. Receptionist services, fax,DSL, photocopier 2 conference rooms,kitchenette, free parking. Contact LarryKent; Kidwell, Kent & Curran 301-984-1212; [email protected] – Near Courthouse – NewClass A Furnished Offices (11 NorthWashington St., overlooking RockvilleTown Center) – 1 or 2 window offices 10 x14 each. Shared use of kitchen, copy, fax,high speed Internet and conference room.Underground parking available. Some

KUDOSLerch, Early & Brewer, Chtd. is please toannounce the following: Lauri Cleary hasbeen named a winner of The Daily Record’s2009 Leadership in Law Award. She is amember of the Litigation and Employment& Labor practice groups. Paul Alpucheand Joel Aronson, have been recognized as“go-to attorneys for business law” in SmartCEO magazine’s “Legal Elite” issue.

LEGAL ANNOUNCEMENTSMontero Law Group, LLC is pleased toannounce the addition of Michael A. Ostroff,Esq. Mr. Ostroff, a recent graduate of theUniversity of Maryland School of Law, willconcentrate in Bankruptcy, Real Estate andCivil Litigation. The firm is located at 1110Bonifant St., Suite 510, Silver Spring, MD20910, tel.: (301) 588-8100; fax: (301) 588-8101; www.monterolawgroup.com.West & Feinberg, P.C. is pleased toannounce that James M. Peppe, Esq. hasbecome a shareholder of the firm. Mr.Peppe practices in the areas of business lawand estate planning. He was recently elect-ed by his peers as a Maryland Super


DAVID HARRISON, INC.APPRAISALS

MD REAL PROPERTY APPRAISALS - $300.00MD PERSONAL PROPERTY APPRAISALS - $300.00

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LICENSED BROKER MD SINCE 1959WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES.

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JENNIFER FAIRFAX

Member of AmericanAcademy of Adoption Attorneys

Adoptions • SurrogacyDonor Agreements

827 Woodside ParkwaySilver Spring, MD 20910301.221.9651fax: [email protected]

Member of RESOLVE Mid-Atlantic RegionFellow of the American Academy of

Assisted Reproduction Technology AttorneysLicensed in Maryland and the District of Columbia


WHAT’S NEW ...

referral work possible. Call 301-251-5410or email [email protected] – 1 windowed offices and 1interior office available in shared attorneysuite. Grade A building and build out.Phone answering, Lexis, DSL line, use ofconf rooms, copier, kitchen, etc. Easy walkto Courts and Metro. Possible referrals. 600Jefferson Plaza. Call 301-424-8822.ROCKVILLE – Part time or satelliteoffice and one or two full time offices in abeautiful penthouse suite in premium officebuilding with outdoor terrace. Secretarialspace optional. One block from CircuitCourt. Adjacent to the Rockville MetroStation. Full use of conference room,reception, copier & kitchen, and otheramenities for a reasonable cost. CallStanley at 301-340-3003.ROCKVILLE – Two windowed officesand secretarial space available in suite inOne Church Street building. Right next toMetro. Underground parking available.Walk to Rockville courthouses and newTown Center. Use of telephone, copier andtelecopier. Conference room available.Please call Sandy at 301-251-0202.SILVER SPRING – Fully furnished,corner office available and additionalunfurnished office, with secretarial space,reception area, conference room, upscaledecorated suite, conveniently located onGeorgia Avenue, Downtown, Silver Spring,walking distance to Metro. Ideal for newattorney or to be used as a satellite office.For more information call 301-589-1600 oremail [email protected] SPRING – Two offices with floorto ceiling windows are available in ourprofessionally decorated and newlyrenovated suite just a block fromcourthouse and two blocks to Metro. Newlighting, carpet, paint and windowtreatment were installed so the suite reflects

the professionalism of current tenants -attorneys and financial advisor. Rentincludes use of kitchenette, conferenceroom and limited use of copier. Space foryour assistant is also available. Please call301-588-6610.

ATTORNEY POSITIONSAVAILABLEBUSINESS ATTORNEY – Establishedsuburban Maryland law firm is looking toexpand its business practice in MontgomeryCounty. Joseph, Greenwald & Laake, PAhas been in business for more than 40 yearswith its primary location in Greenbelt,Maryland. The firm is expanding its officein the Rockville Town Center. In thatprocess it is seeking partner-levelattorney(s) with practices that provide thefull array of transactional services tobusiness clients. Ideal candidates will haveportable business of $500K+. This is anattractive opportunity to join a growing,successful law firm that is committed to thedevelopment of this practice area. Allreplies will be strictly confidential. Call ore-mail David Bulitt at (301) 220-2200 [email protected] FAMILY LAWATTORNEY – Small, well established AVrated Rockville family law firm seeks ahighly motivated and experienced familylaw attorney with 6 to 10 years of familylaw litigation experience. This positionoffers an excellent opportunity to join aboutique firm with a vision for the future.Great opportunities and practiceenvironment with excellent earningpotential for the right candidate. Allresumes accepted in strict confidence.Email to: [email protected] ASSOCIATE AND/OR OFCOUNSEL – AV rated Upper MontgomeryCounty law firm seeks candidates forSenior Associate and/or Of Counsel

(Continued from preceding page) positions. Great opportunity to developyour own client base and practice area, orgrow a present one. Please send Résuméand salary requirements to Box J10-01, BarAssociation of Montgomery County,Maryland, 27 W. Jefferson Street,Rockville, MD 20850.

KARL STEPHENS8719 Geren Rd.

Silver Spring, MD 20901Serving DC, MD and VA

METROPOLITANPROCESS SERVICES

(301) 929-6819

24 Hour Cell (301) 252-0706Skip TracingUnlimited AttemptsRush Services within 48 hoursCourt Filings AvailableScheduled Pickups

Pension Divorce Valuations – 401(k) Marital TracingsWrongful Death & Personal Injury Analyses

Actuarial Valuations – Expert Testimony – Loss of Earnings Studies

Member National Association of Forensic Economics

PUSHKIN & PUSHKIN, INC.Actuaries and Consultants

30 E. Padonia Road, Suite 406Timonium, MD 21093

Baltimore 410-561-1945 ~ Washington 301-951-9430www.PushkinAndPushkin.com

ECONOMIC VALUATIONS

Sign up for theBar AssociationLawyer Referral

Program ~

• Currently 200 attorney members• Telephone referrals 9:00am –

5:00pm Monday - Friday• Over 600 cases referred each

month• Online Referral System• 35 practice areas• Monthly Referral Status Reports

In these Economic Times,How can you afford NOT to belong?

~For more information contact:Maria at 301.424.7040 [email protected]

Could you usemore clients?

WHAT’S NEW ...


Raymond F. Anthracite, 10125 ColesvilleRd., #258, Silver Spring, MD 20901; tel.:(301) 556-8709; fax: (240) 241-5529; email:[email protected] R. Athey, 200 Court St.,Chestertown, MD 21620; tel.: (410) 788-3515; fax: (410) 788-1488; email:[email protected] B. Clayton, 7735 Old GeorgetownRd., Suite 550, Bethesda, MD 20814; tel.:(301) 657-8808; fax: (301) 657-8815; email:[email protected] E. McDonald, 1211 ConnecticutAvenue, N.W., Suite 506, Washington, DC

20036; tel.: (202) 331-0793; fax: (202) 331-7004; email: [email protected] L. Schrein, 14920 Village GateDr., Silver Spring, MD 20906; tel.: (240)669-7982; email:[email protected] M. Sugrue, 10643 Montrose Ave.,Suite 202, Bethesda, MD 20814; tel.: (301)717-2215; fax: (301) 774-7245; email:[email protected] E.A. Zierler, 7315 Wisconsin Avenue,Suite 601N, Bethesda, MD 20814; tel.: (301)951-9191; fax: (301) 718-7788; email:[email protected]

NEW MEMBERSADVERTISERS INDEX

Alternative Resolutions . . . . . . . . . . . . . . .8www.alternativeresolutions.net

Berenato, White & Stavish, LLC . . . . . .19www.bwsiplaw.com

Center for Forensic Economic Studies . . .12www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .19www.circletreatment.com

Creative Dispute Resolutions, LLC . . . .11www.creativedisputeresolutions.com

Jay Dahill, Realtor . . . . . . . . . . . . . . . . . . .7www.JayDahill.com

Richard Edelman . . . . . . . . . . . . . . . . . . .15www.economic-analysis.com

Elkind & Shea . . . . . . . . . . . . . . . . . . . . .17www.disabilitybenefitslawfirm.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . .23www.jenniferfairfax.com

Franchise & Business Law Group . . . . .17www.www.franbuslaw.com.com

David Harrison . . . . . . . . . . . . . . . . . . . .23www.marylandappraiser.com

Insight Treatment Center . . . . . . . . . . . .15Invotex Group . . . . . . . . . . . . . . . . . . . . .22

www.invotex.comKayal & Ghosal, Attorneys at Law . . . . .8

www.kglaw.usMichael L. Kabik, Esquire . . . . . . . . . . .23

www.srgpe.com/immigration.htmlLegal Outsourcing Solutions . . . . . . . . .14

www.legaloutsourcingsolutions.comMcAdoo, Gordon & Associates, P.C. . . . .9

www.mcadoolaw.comThe McCammon Group . . . . . . . . . . . . . .3

www.McCammonGroup.comMetro Counseling Services, Inc. . . . . . . .25

www.metrocounselingservices.comMetropolitan Process Services . . . . . . . .24

www.metroprocess24.comMontgomery County Sentinel . . . . . . . . .5

www.thesentinel.comAlan J. Nuta, Esquire . . . . . . . . . . . . . . .10

www.SSBenefitsLawyer.comOffice of Consumer Protection for

Montgomery County . . . . . . . . . . . . . . . .6www.montgomerycountymd.gov/consumer

1 Stop Pack N Ship . . . . . . . . . . . . . . . . .12www.1stoppacknship.com

Oxley & Goldburn Insurance . . . . . . . . .12www.oxleygoldburn.com

Pushkin & Pushkin . . . . . . . . . . . . . . . . .24Rial & Associates LLC . . . . . . . . . . . . . .16

www.rialassociates.comRisk Management Group . . . . . . . . . . . .25

www.rmgadvisors.comRossmann - Hurt - Hoffman, Inc. . . . . .18

www.rhhinsurance.comSandground New & Lowinger, P.C. . . . . .4

www.snlfirm.comTranswestern . . . . . . . . . . . . . . . . . . . . . .13

www.transwestern.netWest & Feinberg, P.C. . . . . . . . . . . . . . . .10

www.westfeinberg.comAlan S. Zipp, Esquire . . . . . . . . . . . . . . .16

If you would like to submit a law related article for possible publication inthe Newsletter, please forward it to Julie Petersen at [email protected].

Please note that it is at the discretion of the Executive Director as towhether, space permitting, the article will appear.

A comprehensive approach to DWI/DUI

Assessment and evaluation Relapse prevention Approved and CertifiedEducation (six weeks) Expert Testimony by the State of MarylandCounseling (26 weeks) Forensic drug screening

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STATE’S ATTORNEY’S ASSIGNMENTS

WE NEED VOLUNTEERSThe Family Law Self Help Center is

in need of volunteer attorneys to helpself represented litigants in family lawmatters with legal information and/orlegal advice. If you have a desire toserve self represented litigants you canhelp in one of two ways:

1. Impromptu Volunteering: If youhappen to be at the Courthouse between12:00 pm and 2:00 pm and have a littletime to spare, stop by and see one, ormaybe two, clients. We almost alwayshave clients waiting during lunchhours, and could use your assistance.

2. Scheduled Volunteering: If youhave more time to spare or prefer amore structured arrangement, pleasecontact our Bar liaison: Judi Bluefeld,(301) 279-7817, [email protected],or stop by and consult with the Centerstaff. In that way, we can let you knowwhen the Center will be shorthanded,and can most use your valuable assis-tance.

Time that you volunteer at the FamilyLaw Self Help Center can be countedas Pro Bono hours to the Court ofAppeals.


JUDGES SCHEDULES–DECEMBER

Circuit Court

*Family Duty; CM=Criminal Motions; PT=Criminal PreTrial Jury Demand/Appeal Docket

Schedule updates are available on our website when we receive themhttp://www.montbar.org/BarAssociation.aspx ... Click on the Court Schedules link

Newsletter of theBAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND27 West Jefferson Street, Rockville, Maryland 20850-4200

PeriodicalsPostagePAID

atRockville, MD

Calendar

CR Bar Office Conference Room CLR CLE ClassroomC/S See Committee/Section Pages for Location CLE CLE Seminar–Call (301) 340-2534 to Register

JANUARY1 ~ NEW YEAR’S DAY - Bar Offices Closed ~5 5:30p.m. CR Criminal Law Section Meeting6 8:00a.m. C/S Circuit Court Bench Bar Committee

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:00p.m. CR Lawyer to Lawyer Committee Meeting

7 8:00a.m. C/S District Court Bench Bar Committee11 11:45a.m. C/S Estate & Trust Law Section Meeting

5:00p.m. CR Executive Committee Meeting5:30p.m. C/S Taxation Law Section Meeting

12 8:00a.m. CR Intellectual Property & Technology Law8:00a.m. C/S Real Estate Law Section Meeting6:00p.m. C/S Business Law Section Meeting5:30p.m. CLE CLE Seminar–Family Law

13 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CR Elder Law Section Meeting8:00a.m. C/S Commercial Litigation Section Meeting12:30p.m. C/S Juvenile Law Section Meeting4:30p.m. CR Legal Ethics Committee Meeting

14 12:30p.m. C/S District Court Chamber Chat4:30p.m. CR Workers Compensation Law Section

15 Noon CR Education Law Section Meeting18 ~ MARTIN LUTHER KING, JR. DAY –Bar Offices Closed ~20 12:30p.m. CINA Bench Bar Meeting

5:30p.m. CR New Practitioner Section/ADR Section(Joint Meeting)

21 8:00a.m. C/S Law Firm Management Section Meeting5:30p.m. CLR Family Law Section Meeting5:30p.m. CR Nominations & Elections Committee

26 5:30p.m. CR Foundation Board of Directors Meeting27 5:00p.m. C/S Technology Committee Meeting

5:30p.m. CLE CLE Seminar–Education Law29 Noon CR Personal Injury Litigation Section

FEBRUARY2 12:15p.m. Bar Luncheon

5:30p.m. CR Criminal Law Section Meeting3 8:00a.m. C/S Circuit Court Bench Bar Committee

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:30p.m. CLE CLE Seminar–Taxation Law

4 8:00a.m. C/S District Court Bench Bar Committee5:30p.m. CR Nominations & Elections Committee

5 Noon CR Education Law Section Meeting8 11:45a.m. C/S Estate & Trust Law Section Meeting

5:00p.m. CR Executive Committee Meeting5:30p.m. C/S Taxation Law Section Meeting

9 8:00a.m. CR Intellectual Property & Technology Law8:00a.m. C/S Real Estate Law Section Meeting5:30p.m. CR Nominations & Elections Committee5:30p.m. CLE CLE Seminar–Business Law

10 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CR Elder Law Section Meeting4:30p.m. CR Legal Ethics Committee Meeting

11 4:30p.m. CR Workers Compensation Law Section12 ~ BAMC/Red Cross Blood Drive ~13 ~ Barrister’s Bash ... RESERVE YOU SPOT NOW ~15 ~ PRESIDENT’S DAY –Bar Offices Closed ~17 5:30p.m. CR New Practitioner Section Meeting18 8:00a.m. C/S Law Firm Management Section Meeting

12:30p.m. DELQ Bench Bar Meeting5:30p.m. CLR Family Law Section Meeting

24 5:00p.m. C/S Technology Committee Meeting26 Noon CR Personal Injury Litigation Section

Documents

Pride in Membership, Leadership in Justice · senate, in 153 BC, declared January 1 to be the beginning of the new year. But tampering continued until Julius Caesar, in 46 BC, established