THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD NEW BAR STAFF ADDRESSES... SEE PAGE 2 ANNUAL MEETING AWARDS

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1 THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD N EWSLETTE R 27 West Jefferson St., Rockville, MD Telephone: (301) Fax: (301) Web Site: Cindy@barmont.org Volume 55, Issue 1 June 2007 PRESIDENT S MESSAGE On April 27, 2007, Governor Martin O'Malley announced the creation of an Appellate Courts Judicial Nominating Commission and sixteen regional Trial Courts Judicial Nominating Commissions. As in the past, each Commission will be responsible for recommending to the Governor the names of persons for appointment to the Appellate and Trial Courts of Maryland. Through Executive Order Judicial Nominating Commissions- (hereinafter referred to as the "April 27th Executive Order"), the Governor declared that each Trial Courts Judicial Nominating Commission (hereinafter referred to as "Trial Courts Commission") shall consist of six persons appointed by the Governor and three persons who are appointed by the presidents of the bar associations in the regional subdivisions for which the Commission is responsible. This April 27th Executive Order (Continued on page 4) DRUG COURT GRADUATION The Honorable Nelson W. Rupp, Jr., Chair of the Adult Drug Court and Members of the Adult Drug Court Team invite all members of the Bar and public to attend the Drug Court Graduation Ceremony on June 27, 2007 at 4:00 p.m. in Courtroom 1 of the Judicial Center, Montgomery County Circuit Court. NEW BAR STAFF ADDRESSES... SEE PAGE 2 ANNUAL MEETING AWARDS 17th Annual Jurist Award: The Honorable Louis D. Harrington 18th Annual Professionalism Award: John J. McCarthy President s Citation for Outstanding Service: David A. Pordy, Law Firm Management Section; Michael V. Nakamura, Personal Injury Litigation Section; John J. O Neill, Jr., Personal Injury Litigation Section; Jennifer A. Forquer, Back to Courts Night; Marvin Waldman, Back to Courts Night; Jeffrey M. Axelson, Rule 1.15 Committee Chairs of the Year: Millard S. Bennett, Social Committee (Barristers Bash); Patricia M. Weaver, Social Committee (Barristers Bash); Ronald S. Canter, Fee Dispute Resolution Committee Section Chairs of the Year: James L. Parsons, Jr., Business Law Section; David P. Shapiro, Business Law Section; Stephanie L. Fink, Family Law Section; Lisa S. Segel, Family Law Section; Omolade R. Akinbolaji, New Practitioners Section BAR FOUNDATION AWARDS Presidents Citation for Outstanding Service: Steven J. Bienstock, Bar Revue; The Honorable Barry A. Hamilton, Bar Revue; Thomas P. Ryan, Moderator, Cable Television Law School for the Public Community Service Awards: Bradford S. Bernstein, School Mock Trial; Rachel T. McGuckian, School Mock Trial Pro Bono Guardianship Program: Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Kim V. Fiorentino, Director Pro Bono Mentoring Program Award Jeffrey N. Greenblatt; Strickler, Sachitano & Hatfield, PA. Outstanding Pro Bono Attorneys: Christopher J. Kunz; Cheryl Rose and Associates; Morghan L. Richardson and the Law Firm of Spriggs & Hollingsworth Outstanding Contested Custody Case Service: Eva Y. Xu; Donya Zimmerman Outstanding Legal Clinic Service: Christina V. B. Ballance; Jerry C. Lyell; Kathleen A. Muldoon EXECUTIVE COMMITTEE FOR President: Mary Ellen Flynn President-Elect: Paul B. DeWolfe Treasurer: Donna E. Van Scoy Treasurer-Elect: Nancy A. Sachitano Secretary: Audrey A. Creighton New Practitioner Co-Chairs: Lili Khozeimeh Ivonne C. Lindley Executive Committee Members 2-year term: Larry A. Ceppos Eun (Jeannie) K. Cho Patrick W. Dragga Suzy L. Eckstein William E. Hewitt, Jr. Stephen H. Ring 1-year term: James R. Hammerschmidt Hadrian N. Hatfield Wendy B. Karpel Mary K. (Kathy) Knight Hon. Cheryl A. McCally Richard H. Melnick SAVE THE DATE... October 8, 2007 Annual Golf & Tennis Charity Classic Argyle Country Club IMPORTANT NOTICE Anyone interested in nominating someone to be considered for appointment to the Trial Courts Judicial Nominating Commission (including yourself) should send those nominations and accompanying resumes or descriptions of experience and qualifications, to the Bar Association by mail or (to Cindy@barmont.org) for receipt by Wednesday, June 6, Mary Ellen Flynn, President

2 PAGE 2 FOR YOUR INFORMATION HEADING x Please Note New Bar Staff Addresses w Bar Association Beverly Executive Director (301) Bev@barmont.org Tessy Office Manager/LRS Supervisor (301) offadmin@barmont.org Cindy Association Secretary (301) Cindy@barmont.org Membership (301) Shalawn Lawyer Referral Service Operators (part-time) (301) VACANT} Lawyer Line (301) lrs1@barmont.org and lrs2@barmont.org FOR LAWYERS WHO NEED HELP If you are aware of attorneys who are having problems with alcohol, drugs, stress, emotional problems and related illnesses that interfere with their professional or personal lives, please call the Lawyer-to-Lawyer Committee. Committee members are available to assist lawyers find confidential effective programs to suit their needs. All calls are strictly confidential. Barbara R. Graham, Chair Phone: (301) brgraham@starpower.net BAR ASSOCIATION OF MONTGOMERY COUNTY, MD NEWSLETTER (USPS ) ISSN is published monthly except July/August combined at $25.00 per year by the Bar Association of Montgomery County, MD 27 West Jefferson Street, Rockville, MD PERIODICALS POSTAGE PAID Rockville, Maryland POSTMASTER: Send address changes to: Bar Association of Montgomery County, MD, Newsletter 27 West Jefferson St., Rockville, Maryland Beverly C. Mondin, Executive Director & Editor Cindy Brandenburg, Assistant & Advertising Editor Bar Foundation Marleni CLE Seminars and Events Coordinator (301) montcle@barmont.org Pro Bono Program Client Intake Lines (301) (301) The following staff listing is not for public information. It is for attorney use only. Mary Kay Canarte, Managing Attorney (Part-Time) (301) marykay@mcbfprobono.org Maria Office Administration / Client Coordination (301) maria@mcbfprobono.org Ingrid Office Administration / Client Coordination (301) ingrid@mcbfprobono.org FRIENDS OF BILL W. LAWYER MEETING For time and location of the meetings, please call Lawyer-to-Lawyer Committee member, Dan Gaskill at (301) LEGAL ETHICS HOTLINE John Murphy - (301) Ed Sharkey - (301) For a written confidential opinion, submit your written request, marked confidential, to Jeffrey M. Axelson, c/o Bar Association of Montgomery County, MD, 27 West Jefferson St., Rockville, MD BAR FOUNDATION OFFICERS (Effective July 1, 2006) President: Paul F. Kemp Treasurer: Richard S. Stolker President-Elect: John C. Monahan Assistant Treasurer: Robert B. Hetherington Past President: John J. McCarthy DIRECTORS James M. Brault Eric M. Johnson Robert C. Park Douglas M. Bregman John P. Kudel Linda D. Schwartz Eun (Jeannie) K. Cho Susan S. Magazine Deane A. Shure Charles B. Day Mimi L. Magyar-Socorso Harry C. Storm Glenn M. Cooper Rachel T. McGuckian Joseph P. Suntum David S. DeJong Patrick C. McKeever Marvin Waldman Mary Ellen Flynn Camilla O. McRory Alan S. Zipp Jo B. Fogel A. Howard Metro COMMITTEE CHAIRS Bar Revue Steven J. Bienstock (301) Cable T.V./Law School for the Public Thomas P. Ryan, Co-Chair (301) & Natasha R. Luddington, Co-Chair (301) Continuing Legal Education John R. Garza, Chair (301) CLE Breakfasts Fall Outing James R. Hammerschmidt, Co-Chair (301) & Alison W. Rind, Co-Chair (301) Pro Bono Lauri E. Cleary, Chair (301) School Mock Trial Bradford S. Bernstein, Co-Chair (301) & Rachel T. McGuckian, Co-Chair (301) Speakers Bureau VACANT, Chair (Public Division) & Rene Sandler, Chair (School Division) (301) Youth Initiative Program Rene Sandler, Chair (301) Officers and Chairs ASSOCIATION OFFICERS President: Mary Ellen Flynn President-Elect: Paul B. DeWolfe Treasurer: Donna E. Van Scoy Treasurer-Elect: Nancy A. Sachitano Secretary: Audrey A. Creighton Past President: John C. Monahan Executive Director: Beverly C. Mondin EXECUTIVE COMMITTEE Larry A. Ceppos Eun (Jeannie) K. Cho Patrick W. Dragga Suzy L. Eckstein James R. Hammerschmidt Hadrian N. Hatfield William E. Hewitt, Jr. Wendy B. Karpel Mary K. (Kathy) Knight Hon. Cheryl A. McCally Richard H. Melnick Stephen H. Ring New Practitioners Co-Chairs: Lili Khozeimeh & Ivonne C. Lindley COMMITTEE CHAIRS Assoc./Found. Ann. Mtg. & Law Day Nancy A. Sachitano, Chair (301) Bench/Bar-Circuit Peter A. Feeney, Chair (240) Bench/Bar-District Court Marvin Waldman, Chair (301) Courthouse Construction Steven Van Grack, Chair (301) Fee Dispute Resolution Michael J. McAuliffe, Co-Chair (301) & David L. Rubino, Co-Chair (301) Interprofessional VACANT, Chair Judicial Selections Deborah E. Reiser, Chair (301) VACANT, Vice Chair Lawyer to Lawyer VACANT, Chair Lawyer Referral Jeffrey Van Grack, Chair (301) Legal Ethics Jeffrey M. Axelson, Co-Chair (301) & Samuel M. Shapiro, Co-Chair (301) Legislation VACANT, Chair Long Range Planning Jeffrey M. Axelson, Co-Chair (301) & Laurie E. Cleary, Co-Chair (301) & David W. Lease, Co-Chair (301) Membership VACANT, Chair Nominations & Elections Joseph A. Lynott, III, Chair (301) Personnel Transition David S. De Jong, Chair (301) Professionalism & The Quality of Life - Steven M. Selzer, Chair (301) & Elizabeth G. Loggia, Vice-Chair (301) Designated Conciliator Program VACANT, Chair Social Patricia M. Weaver, Co-Chair (301) & Millard S. Bennett, Co-Chair (301) Softball Charles B. Lipscomb, Chair (301) Specialty Bar Associations Audrey A. Creighton, Chair (240) Technology C. Sei-Hee Arii, Co-Chair (301) & P. Lindsay Parvis, Co-Chair (301) Unauthorized Practice of Law Ronald M. Abramson, Chair (240) Youth Courthouse Project Holly D. Reed, III, Chair (301) SECTION CHAIRS Alternative Dispute Resolution Ellen F. Kandell, Co-Chair (301) & Judith A. Mustille, Co-Chair (301) Business Law VACANT, Chair Commercial Litigation J. Bradford McCullough, Co-Chair (301) & Jeffrey M. Schwaber, Co-Chair (301) Criminal Law Marc R. Emden, Co-Chair (Defense) (301) & Carol A. Crawford, Co-Chair (State) (240) Education Law Patrick J. Hoover, Chair (301) Elder Law Lynn C. Boynton, Co-Chair (301) & Susan Bloomfield, Co-Chair (301) Employment Law Laurel N. Anchors, Co-Chair (301) & Christina V.B. Balance, Co-Chair (301) Estates & Trusts Jay M. Eisenberg, Chair (301) Family Law Stuart M. Skok, Co-Chair (301) & Vicki Viramontes-LaFree, Co-Chair (301) Federal Practice VACANT, Chair Health Law VACANT, Chair Immigration Jinhee K. Wilde, Chair (202) Intellectual Property & Technology Albert M. Churilla, Co-Chair (301) & Michael L. Greenberg, Co-Chair (202) Juvenile Law Mary K. Knight, Co-Chair (State) (240) & VACANT, Co-Chair (Defense) Law Firm Management David A. Pordy, Chair (301) New Practitioners Lili Khozeimeh, Co-Chair (301) & Ivonne C. Lindley, Co-Chair (301) Mentor/Mentee (sub of New Practitioners) - Heather S. Collier (301) Chamber Chats Personal Injury Litigation Hong S. (Paul) Chung, Co-Chair (Plaintiff) (301) & Andre M. Forte, Co-Chair (Defense) (301) Real Estate Matthew D. Alegi, Co-Chair (301) & Alexis H. Peters, Co-Chair (301) Sports & Entertainment Law Andrew L. Schwartz, Chair (301) Taxation Glenn M. Anderson, Chair (301) Telecommunications VACANT, Chair Workers Compensation Law VACANT, Chair

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4 PAGE 4 PRESIDENT S MESSAGE, cont d (Continued from page 1) changed the procedure of how lawyers may become members of the Trial Courts Commissions. From the time that Governor Marvin Mandel created the Commission in 1970 until this recent Executive Order of Governor O'Malley, a portion of the lawyermembers of the Commissions have always been elected by peers who practice law in their own districts. Governor William Donald Schaefer's 1991 Executive Order provided that six of the members on each Commission be lawyers elected by their colleagues, and Governor Parris N. Glendening's 1995 Executive Order and Governor Robert L. Ehrlich, Jr.'s 2003 Executive Order both provided that four lawyers on each Commission be so elected. Due to the size of Montgomery County, our county alone is Commission District 11, and accordingly, I, as President of our Bar Association, am charged with the serious task of submitting the names of three persons to be appointed by the Governor to the Trial Courts Commission for Commission District 11. The deadline for my submission of names to the Governor is June 27, Upon receiving the April 27th Executive Order, I called the Governor's Office to learn first-hand the reasons why the Governor disbanded the practice of the local legal community's election of lawyers to the Commission. I spoke with Ralph Tyler, Chief Legal Counsel to the Governor, and learned that the Governor decided to make this change because he discovered (from the Governor's Office speaking with the Administrative Office of the Courts and with others) that the election process was not the best nor the most efficient way of selecting the most experienced, qualified and dedicated persons for the Commissions. I also discussed with Mr. Tyler paragraph C(2)(b) of the Executive Order, which states: "In selecting persons to submit for appointment, the Bar Association presidents shall consult with the presidents of other bar organizations in the Commission District," and learned that indeed, as I suspected, the Governor wants a diversified group of persons appointed to each of the Trial Courts Judicial Nominating Commissions. Accordingly, I look forward to continuing the dialog that I have already set in place with the specialty bar associations to seek names from these presidents of their own members whom they believe possess the necessary experience, qualifications, temperament and dedication to satisfactorily carry out all responsibilities expected of members of the Trial Courts Commissions. At this time, I ask each one of you to think of persons whom you believe should sit on this Commission (you may include yourself) and to send those nominations and accompanying resumes or descriptions of experience and qualifications to our Bar Association office by mail or (cindy@barmont.org) for receipt by Wednesday, June 6, In my opinion, a qualified lawyer to sit on the Trial Courts Commission should have substantial trial court experience as well as good judgment and assessment skills. I plan to honor the Governor's intent in my appointments to the District 11 Commission, and to that end, I will be seeking the assistance of the Executive Committee at our June 11th Executive Committee Meeting. With respect to the Appellate Courts Judicial Nominating Commission (Appellate Courts Commission), the April 27th Executive Order mandates a similar procedure in that the President of the Maryland State Bar Association (MSBA) shall submit the names of five persons for appointment. If you are interested in being considered for appointment to the Appellate Courts Commission by the President of the MSBA, you should immediately send your name and qualifications to the Executive Director of MSBA, Paul Carlin, at PCarlin@msba.org. The twelve gubernatorial appointments to the Appellate Courts Commission were announced on April 27, 2007 and include our past-president Douglas M. Bregman, Former Attorney General J. Joseph Curran, and Sheila Sachs, a family law attorney in Baltimore and pastpresident of the Baltimore City Bar Association, who will be Chair of the Appellate Courts Commission. I very much look forward to these next twelve months serving as President of our Bar Association, and I hope to have your support and involvement all along the way. If your schedule permits, please join me and many of our members at the MSBAAnnual Convention in Ocean City which is June 13th- 16th. As always our Bar Association is hosting a hospitality suite at the convention, and it is a wonderful opportunity for all of us to relax and enjoy one another's company. Mary Ellen Flynn WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. METROPOLITAN PROCESS SERVICES (301) Hour Cell (301) Skip Tracing Unlimited Attempts Rush Services within 48 hours Court Filings Available Scheduled Pickups KARL STEPHENS P.O. Box 6811 Silver Spring, MD Serving DC, MD and VA

5 CURRENT UPDATE PAGE 5 CIRCUIT COURT FAMILY DIVISION Late Court Arrival: Arriving late to hearings has become a significant issue in Juvenile Court. Despite repeated requests from the bench, parties continue to be late. When parties are late in one case it has a rippling effect throughout the entire docket. Additionally, it is discourteous to the bench, other litigants who are present and ready to proceed and most importantly, the children whose welfare lies at the heart of these hearings. Please arrive on time. Mediation/Facilitation Invoices: If you provide mediation services for the Juvenile Department or facilitation services for the Family Division, please submit an invoice each time you perform this service. Some service providers are submitting invoices spanning several months. The court's fiscal year ends on June 30th. We want to ensure that all invoices are received for services rendered from July 1, 2006, through June 30, 2007, so payment can be made in early July. Lead Custody/Access Mediator: For several years Shirley Seymour has served as the Lead Custody/Access Mediator for the Family Division. The excellence and passion that she brings to all aspects of access and custody mediation is wonderful. Both the Court and the litigants, who look to it to solve difficult and painful issues, have benefited greatly from her knowledge, commitment and dedication to mediation. Shirley has decided to lessen her workload and cut back on her hours. Fortunately for the Family Division and the Court, she is staying with us as a mediator, but in a different position. Effective April 2nd, George Spangler has assumed responsibility as the Lead Custody/Access mediator. George, who is an experienced mediator and attorney, has been serving as a mediator in the Family Division for several years. We are fortunate to have George in this position. Like Shirley, he has a strong commitment to and belief in the mediation process and the Court's role in alternative dispute resolution. Please join me in welcoming both Shirley and George into their new roles. Notice of Change Appointment of Counsel for Children: When the Court appoints counsel to represent children, it may order the parties to pay reasonable compensation for such representation and may apportion those costs equitably. Where the Court determines that the parties are unable to bear the expense of such representation, it may request that the Family Law Fund pay some or all of the costs. For appointments made on or after May 21, 2007, the limits of compensation without further leave of the Administrative Judge will be increased to a maximum of $2,000 unless a lower amount is noted under a specific appointment. Court Policy Change Regarding Motions for Temporary Guardianship: As of February 1, 2007, the Circuit Court for Montgomery County will no longer rule on Motions for Temporary Guardianship ex parte unless the matter is an emergency as defined by the Maryland Annotated Code. The Maryland Annotated Code, Estates and Trusts (f) defines an "emergency" as meaning that a "person is living in condi- (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. Litigation Support Expert Witness Testimony Business Valuation Pension Valuation Financial Analysis Forensic Accounting Financial Fraud Investigations Tax Issues Income Tax Preparation Alan Zipp Certified Public Accountant Attorney at Law Certified Business Appraiser Certified Fraud Examiner Telephone AlanZipp@aol.com 932 Hungerford Drive, Suite 13 Rockville, MD BAIL BONDS 24 HOUR SERVICE PANTAZES BAIL BONDS 77 South Washington Street Rockville, MD 20850

6 PAGE 6 CURRENT UPDATE, cont d (Continued from preceding page) tions which present a substantial risk of death or immediate and serious physical harm to himself or others." If the matter is an emergency, then counsel is advised to submit a Petition for Assumption of Jurisdiction - Emergency Protective Services pursuant to Maryland Rule If the matter fails to necessitate emergency protective services, but needs an expeditious ruling, then the matter shall be submitted to the Family Duty Judge, after first being screened by the Adoption/Guardianship Case Manager. The Duty Judge will either hear the Motion for Temporary Guardianship the same day or set the Motion for hearing within 48 hours. Requests for temporary guardianship filed as non-emergencies will be set for a hearing within two weeks and the Assignment Office will send notices to all interested persons. Parties will now be required to attend a hearing on any motion for temporary guardianship prior to the Show Cause hearing, which will be scheduled in accordance with Maryland Rule Madeleine Jones WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. SEVENTH JUDICIAL CIRCUIT OF MARYLAND PRINCE GEORGE S COUNTY From the chambers of William D. Missouri, Administrative Judge TO: Attorneys Practicing in Prince George s County, MD RE: Interpreter Procedures and Policies for Prince George s County Circuit Court The Circuit Court for Prince George's County is responsible for providing interpreters for all case types and in all languages. But, it is the responsibility of the party/attorney who needs the interpreter to request the interpreter, e.g. if a witness/victim needs an interpreter in a criminal case, the Assistant State's Attorney is responsible for requesting the interpreter, and if the defendant needs the interpreter, it is the responsibility of the Public Defender's Office or the private attorney to file the necessary request. Absent extraordinary circumstances, the court requires that a request for an interpreter be submitted at least ten (10) days prior to the scheduled court date. Please contact the Court for a copy of the Circuit Court's Amended Policy for the Payment/Arranging of Court Interpreters dated February 3, The notice for cancellation of interpreters is a very important component of the coordination process. As cases settle and/or are continued, the Court Administrative Office must be informed of the changed case status. Please be mindful that it is still the responsibility of the requesting party to inform the Court Administrative Office of any scheduling changes. The court directs that all cancellations be made no less than forty-eight (48) hours prior to the scheduled date unless circumstances prevent such timely notice. Failure to timely cancel interpreter services will result in the interpreter(s) being paid even though no interpreter is required. The court reserves the right to bill the requesting party if the interpreter is cancelled subsequent to the above forty-eight (48) hours requirement. Please be advised that the Request/Cancellation for Interpreter form can be requested on-line by logging onto the County's web page, click on-line forms, and scroll down to Request/Cancellation for Interpreter. You may then, fill out the form completely. Finally, hit the submit button and the form is sent directly to the Interpreter Coordinator located in the Court Administrative Office. This form only has to be submitted once. However, you must contact the Court Administrative Office at (301) with any continuance date. Also, the form has five (5) sections that must be completed. Please make sure that each section is filled out appropriately.

7 CURRENT UPDATE, cont d PAGE 7 Courtroom personnel should only fill out section five (5) of the form. Finally, the court has no involvement with the parties' need for an interpreter for events such as depositions, interrogatories, pre/post trial interviews, or any other event which is not required to occur within a courtroom or the jury assembly room, including the venue for the Grand Jury. The Circuit Court thanks you in advance for your consideration and timeliness on the filing of a request/cancellation of an interpreter SOFTBALL SEASON The Bar Association Softball League kicked off the 2007 season full of vigor, enthusiasm, and a healthy dose of competitive spirit. This new attitude was immediately on display by the new team on the block, Pray from aka Linowes Blocher led by Heather Dlhopolsy. In merely their second game of the young season, they led the League Champion Res Ipsa Loquitur, for five strong innings before being overwhelmed by a sixth inning hitting barrage. Despite the loss they proved that they could play with anyone in the league. While Res Ipsa Loquitur has continued their winning ways raising their record to a robust 2-0 there is a new contender this year. Paley Ale [a combination of Lerch Early and Paley Rothman] has ascended to the top of the league standing with a strong 2-0 start led by their two captains Jim Hammerschmidt and Stuart "Montgomery County" Barr. Not COST-EFFECTIVE APPEALS ERIC H. SINGER, ESQ. Strategy Research Brief Writing Oral Argument ericsinger2@verizon.net far behind these two contenders stands a stout Baseless Claim at 2-1. Next in the standings is Destructive Force at 2-2, who is the arch nemesis of the "Evil Empire" Res Ipsa Loquitur. While off to a slow start at 0-2 never count out this juggernaut of talent as they have rebounded to go 2-0. Bringing up the rear is Civil Defense [McCarthy Wilson] at 0-1 losing to Destructive Force in their first game of the year, Pray for Rain at 0-2, and Attractive Nuisance [the Law Clerks] who boast the largest team at over thirty members including Judges Boynton, Algeo, and Greenberg. While this season has been a success so far with new teams, new jerseys, and a healthy attitude one important piece is missing. long time league favorites the State's Attorney's Office and the Office of the Public Defender. I am keeping a spot warm in hopes that one if not both teams can reenergize their offices over the summer and put together a team. If the first three weeks of the season are any indication of the caliber of play we are off to a great start. Additionally, we have certified ASA referees to officiate all league games. Please look back next month of an update on the standing and the mid-season awards. Chip Lipscomb, League Director LAWYERS LITERARY CIRCLE ANNOUNCEMENTS If you are interested in joining our group, please telephone Jim Demma at (301) You will find that this (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. DAVID HARRISON, INC. APPRAISALS - CONTENTS PURCHASED DC/MD REAL PROPERTY APPRAISALS - $ DC/MD PERSONAL PROPERTY APPRAISALS - $ COMBINATION FEE - BOTH FOR $ DC/MD MD LICENSE #83 DC LICENSE #286 ON DC APPROVED APPRAISERS LIST - CERTIFIED APPRAISER #38315 LICENSED BROKER DC/MD SINCE 1959 WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES. REFERENCES - FAST SERVICE - TOTAL CLEANOUTS - DELIVERIES - SHIPMENTS CALL FOR OUR LITERATURE - WE BUY, SELL, RESTORE, APPRAISE & ACCEPT CONSIGNMENTS

8 PAGE 8 CURRENT UPDATE, cont d (Continued from preceding page) book group is a lot of fun and we discuss a wide range of interesting books, including: Thursday, June 21st - Tinker, Tailor, Soldier, Spy, by John le Carre. With some rare exceptions, all of our meetings are held in the offices of Miles & Stockbridge P.C., 11 North Washington Street, Suite 700, Rockville, Maryland 20850, and begin at 4:30 in the afternoon. James J. Demma MONTGOMERY COUNTY INN OF COURT MEMBERSHIP OPENINGS FOR The Montgomery County Inn of Court is completing its 19th year and is devoted to developing the ethical and trial advocacy skills of Montgomery County litigators. The Inn currently comprises 113 members: 29 Associates, 29 Barristers, 37 Benchers, and 18 Judges & Masters. Associates are recent law school graduates or attorneys licensed to practice law in Maryland for not more than 5 years. Associates serve a 1- year term and there are 27 vacancies anticipated for Barristers are attorneys licensed to practice law in Maryland for at least 5 years, who are of good character and seek to improve their skills as trial or appellate advocates. Barristers serve a 3- year term and 9 vacancies are anticipated for Benchers are attorneys licensed to practice law in Maryland, who have demonstrated superior character, ability and competence as trial or appellate advocates. Benchers are honored with lifetime membership in the Inn, but vacancies occasionally occur, so applications for Bencher positions are also being taken. The Montgomery County Inn of Court meets on the second Tuesday of the month from September through May in Rockville, WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. for a social hour and dinner, followed by an educational presentation in the Circuit Court. The Inn offers trial advocacy programs, accentuating legal excellence, civility, professionalism and ethics. Usually, the Montgomery County Inn has been fortunate to have more qualified applicants than available vacancies. While preference is given to Montgomery County litigators, the Inn seeks to have a membership that reflects a rich diversity in race, gender, ethnic background, and practice specialty. Applications are available and may be obtained from Kathy Parker, Secretary to Judge John W. Debelius, III, Circuit Court for Montgomery County, 50 Maryland Ave., Room 901, Rockville, MD 20850, telephone: (240) , kparker@mcccourt.com, or Dorothy Fait, Membership Chair of the Inn, 1 Church St., Suite 800, Rockville, MD 20850, (301) , dfait@faitandwise.com. Complete applications are to be returned to either of the above no later than June 8, IN MEMORIAM... Alan S. Town Longtime area attorney and child advocate, Alan S. Town, of Rockville, MD passed away peacefully at home on Tuesday, May 1, He was a graduate of Antioch School of Law and a member of the District of Columbia and Maryland Bar Associations. He worked with the American Freedom from Hunger Foundation, ACLU, and Reporter's Committee for Freedom of the Press. His practice encompassed civil rights, family law, and he often was appointed guardian for children in need. He was the beloved husband of Jerri Price Town for 33 years; loving father of Jeremy Alan Town; loving brother of Kathy Sierk and Daniel Town (Theresa). He is also survived by many nieces, nephews, a great niece, Adley; and mother-in-law, Freda Price. He was preceded in death by his parents, Dorothy and Sherman Town; and his grandmother, Gertrude Warwick. Contributions in his memory may be made to the Lawyers' Campaign Against Hunger: call ext 210.

9 COMMITTEES & SECTIONS PAGE 9 CINA/DELINQUENCY BROWN BAG BENCH BAR MEETINGS June 20, 2007** October 24, 2007** September 20, 2007* November 15, 2007* *=Delinquent **=CINA There will be no bench/bar meeting in July or August. All meetings will be held in Courtroom 20 of the District Court Building at 12:30-1:30 PM. CINA bench/bar meetings will be held on a Wednesday and Delinquent bench/ bar meetings will be held on a Thursday. Please submit any agenda items that you may have to Ann Wilson at wilsona@mcccourt.com, two days before the meeting. CIRCUIT COURT BENCH BAR COMMITTEE May 2nd was our last meeting of the 2006/2007 year. Thank you to everyone on the Committee - I really enjoyed working with you all! Save the Date! The 2nd Annual Back to Court Night is scheduled for Tuesday, September 25, 2007, and will be held in conjunction with the New Practitioner's Annual New Admittee Courthouse Tour and Reception. This event is co-sponsored by the Bar Association, the Bar Foundation, the New Practitioner's Section, the District Court Bench Bar Committee and the Circuit Court Bench Bar Committee. After the program there will be a catered reception in the Atrium of the Circuit Courthouse with food, wine and beer. There will be more information on the speakers and program for this event in the August newsletter. Courthouse Identification Passes: To all attorneys, please remember to check the expiration dates on your courthouse passes. They are set to expire on a staggered schedule and expired cards will be confiscated by security as requested by both the State and local bar associations. Renewal can not be done overnight, so plan accordingly and to be on the safe side, start the process a month or two before your card actually expires. Congratulations to Leon Rodriguez who was confirmed as the new County Attorney on May 1, 2007 and will start on May 21, 2007! If you request an interpreter for your case and it turns out one is not actually necessary, please be sure to let the Clerk of the Court know 48 hours in advance of the hearing date. When cancellations are not made or made late, it still costs the Court for at least 2 hours of interpreter time and can cost even more for lengthy trials. It is very important for attorneys to self monitor their cases and determine, in advance if possible, whether an interpreter is necessary. Please take the time to follow up on your cases with interpreters and alert the Clerk of the Court to make appropriate cancellations so that the Court process can run more smoothly. Have a great and safe summer with your family and friends! Jennifer A. Forquer, Chair COMMERCIAL LITIGATION SECTION The next breakfast meeting of the Commercial Litigation Section will take place on Wednesday, June 13, 2007 from 8-9 am, (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

10 PAGE 10 COMMITTEES & SECTIONS (Continued from preceding page) at the offices of Stein Sperling, 25 West Middle Lane, Rockville, Maryland. Please RSVP to Chris Grube at (301) , or More information will be circulated in the near future as to speaker and main topic of discussion Jeffrey M. Schwaber, Co-Chair J. Bradford McCullough, Co-Chair DISTRICT COURT BENCH BAR COMMITTEE The final meeting of the District Court Bench Bar Committee was held on Thursday, May 3, The following is a summary of the issues which were discussed at that meeting: Montgomery County's request for one additional judgeship in both the District and Circuit Courts was turned down by the legislature. The first speed camera dockets will take place on July 9, 2007, at 9:00 a.m. and 1:00 p.m., in Silver Spring, Room 402. Effective immediately, violations of probation, reconsiderations of sentence, and other special criminal and traffic proceedings will only take place in criminal courtrooms to allow the traffic dockets to begin at 1:00 p.m. An exception to that rule can be made by the hearing judge. On the civil side, effective October 1, 2007, the jurisdiction of the District Court shall increase to $30,000. A jury trial is still available when the amount in controversy is $10,000, and the small claims threshold is still $5,000. Effective June 1, 2007, the civil dockets will begin by a calling of the docket at 8:30 a.m. and 12:30 p.m. Attorneys are encouraged to be on time for the commencement of these dockets, as relevant information regarding trial time, number of witnesses, etc. is given to the Clerk during the call of the docket. Once again, civil practitioners are encouraged to place the entire case number on any papers filed in the District Court. That number begins with 06 and either 01 (Rockville) or 02 (Silver Spring), followed by the entire case number, as it appears on the original papers sent by the Court. Finally, in multiple parties civil cases, if one party intends to dismiss another party from the lawsuit, the party to be dismissed must be specified. Otherwise, the dismissing party runs the chance of having the entire lawsuit dismissed. It has been a pleasure serving as Chairperson of the District Court Bench Bar Committee. Special thanks goes to all of the Members of the Committee who attended the meetings on a regular basis, and Judge Wolfe for providing us with a very open, informative, and cordial atmosphere to discuss issues in the District Court. Have a great summer. John P. Kudel, Chair EMPLOYMENT LAW SECTION We would like to thank the law firm of Bromberg Rosenthal LLP for hosting our Section meetings and for providing breakfast for all attendees and guest speakers. Rosanna C. Lopez, Co-Chair Scott A. Mirsky, Co-Chair FAMILY LAW SECTION On Wednesday, June 20, 2007, at 8:00 a.m., the Family Law Section will hold its Organizational Breakfast Meeting in the Bar CLE Classroom. If you would like to become involved, chair a committee, be a member of a committee or share your ideas for the year, please attend. If you cannot attend but would like to volunteer, please let us know via at vlafree@pasternakfidis.com or sskok@gwewblaw.com. Our great thanks and appreciation goes to all of the informative presenters at Law Day on May 4, 2007, regarding Self-Represented Litigants in Family Law Cases, They're Here to Stay, including Family Division Master Steven Salant as moderator and presenter, Faith Dornbrand on opposing the pro se litigant, Dorothy Fait on discovery, Lisa Segel on exceptions, Wanda Martinez on Child Support Enforcement and Daniel Zerivitz on the Pro Se Project. Each of the presenters gave us excellent practice pointers and resolved important ethical and legal issues to better our practice and dealings with the pro se litigants, along with a song that said it all. For those of you who missed the program and would like a copy of the materials, including speaker materials and the Montgomery County Legal (and Community) Assistance Network published by the Montgomery County Maryland Bar Foundation, please contact us to request a copy. Coming up in July is the MICPEL 40- hour Divorce Mediation Seminars on Parenting & Child Access Issues: July 9 & 10, 2007, and Property & Financial Issues: July 16 & 17, 2007, in Baltimore, presented by Harry Fox, Esquire, and Cecilia Paizs, Esquire. For those who have already taken the 40-hour Civil Mediation Training and want to mediate domestic cases or act as a Court Facilitator in domestic cases, this course is the next step under Maryland Rule The 40-hour Civil Mediation training will be repeated this year in October of Many thanks from the Section to our outgoing co-chairs, Stephanie Fink and Lisa Segel, for their dedicated work and excellent leadership throughout the year. We look forward to continuing their efforts this year and hope to see you on June 20, Vicki Viramontes-LaFree, Co-Chair Stuart Muntzing Skok, Co-Chair WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

11 COMMITTEES & SECTIONS PAGE 11 FEDERAL PRACTICE SECTION If there is a particular Federal Court practice issue or topic any attorney wants to discuss and/or speak on at an upcoming meeting, please let me know as soon as possible. Charles Chester, Chair LEGAL ETHICS COMMITTEE June 13, 2007 All meetings will be held on the 2nd Wednesday of the month at 4:30p.m. in the Bar Association Conference Room. I wanted to take this opportunity to thank President John Monahan, the Executive Committee and the Bar Association for awarding me an Outstanding Service Award. The work the Ethics Committee performed in assisting the drafting and enacting of reasonable modifications to the Trust Accounting rules was performed within the scope of its functions. I could not have accomplished any of the lobbying and negotiating of the changes from the initially proposed rule without the loyal assistance of the entire committee but most notably William Chen, David Gavin and Judith Mustille. It was their efforts that initially resulted in a revised draft of the rule which I was then able to use as a starting base for reasonable changes. I look forward to continuing to serve the Association. Jeffrey M. Axelson, Co-Chair NEW PRACTITIONER SECTION WELCOME LILI KHOZEIMEH! Lili Khozeimeh, Esq., an associate attorney at Dragga, Callahan, Hannon, Hessler & Wills, LLP, in Rockville, Maryland has dutifully served for the past year as the Mentor Mentee coordinator for the BAMC's New Practitioners' Section. In the Fall, she will join Ivonne Lindley and serve as co-chair of our Section, and Heather Collier, Esq., also of Dragga, Callahan, et al. will serve as the Mentor Mentee coordinator. COURTHOUSE TOUR & RECEP- TION FOR NEWLY ADMITTED ATTOR- NEYS: Save the date for the Fall Courthouse Tour and Reception for New Admittees to welcome all attorneys recently admitted to the Maryland State Bar. As we did last year, we plan to hold this event in conjunction with Back to Courts Night on Tuesday, September 25, Please look for additional details in the July/August Newsletter. CHAMBER CHATS: We had a very successful Chamber Chat program this year with great turn out thanks to the efforts of Monica Harms who organized the Chats this year. Monica will be back next year to organize the Chats which will resume in September! Please look for the dates in the July/August Newsletter. Ivonne C. Lindley, Co-Chair PERSONAL INJURY LITIGATION SECTION As you may know, after a decade of serving as the Co-Chairs of the Personal Injury Litigation Section, John O'Neil and Michael V. Nakamura have stepped down to provide young practitioners an opportunity to lead the Personal Injury Litigation Section. After serving for the past year as Co-Vice Chairs, Andre Forte and I are looking forward to serving as the new Co-Chairs. We ask for your support, encouragement and guidance in the coming Bar Association calendar year. We will be (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

12 PAGE 12 COMMITTEES & SECTIONS (Continued from preceding page) meeting in the near future to set an agenda and to establish meeting dates. Have a safe summer. Hong S. (Paul) Chung, Co-Chair (Plaintiff) Andre M. Forte, Co-Chair (Defense) REAL ESTATE LAW SECTION MEETING DATES June 12, 2007 As always, the breakfast meetings will be held at the Rockville IHOP, 775 Rockville Pike, on the west side of the Pike between Wintergreen Shopping Center and Courtesy Jeep, and will begin at 7:30 a.m., unless otherwise noted. Our next meeting will be held on Tuesday, June 12th, and our featured speaker will be Carson Mills, Maryland State Counsel for Lawyers Title Insurance Corporation. Carson will review the legislation passed by the Maryland General Assembly in its 2007 session. I hope you will plan on joining us for this presentation and discussion. Jerry R. O Conor, Chair TAXATION LAW SECTION As the new Chair of the Taxation Law Section, I would first like to thank Glenn Anderson, Marilyn Braiser, Ross Darroodi, David DeJong, Nancy Gusman, and Alan Zipp for all for their time and effort in the successful April 24, 2007 seminar "What Every Attorney Needs to Know About the Taxation of Real Estate Transactions." My special thanks to our outgoing Chair, Alan Zipp for his leadership over the past year. The Taxation Law Section will continue its tradition of holding its monthly meetings on the first Wednesday of each month at 5:30 pm. The next meeting will be held at 5:30 pm on Wednesday June 6, 2007, at the law offices of Miller, Miller & Canby 200B Monroe Street Rockville, MD All interested persons are welcomed to attend. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. STEPHEN J. DUNN A TTORNEY AND C OUNSELOR AT LAW Litigation experience representing Federal Civil Servants To include the following Federal Administrative Forums: U.S. MERIT SYSTEMS PROTECTION BOARD EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL WORKERS COMPENSATION (OWCP) SECURITY CLEARANCE APPEALS 7400 YORK R OAD, SUITE 405 T OWSON, MARYLAND T ELEPHONE (410) F AX (410) sdunn@sdunnlaw.com Webpage: Now that the 2006 tax season is behind us (for the most part) we can turn our attention to 2007 tax planning. Below is a summary of some important tax information for the 2007 tax year: Social Security Wage Base 94,200 97,500 Medicare Wage Base Unlimited Unlimited IRA Contribution Limits (Under 50) 4,000 4,000 IRA Contribution Limits (50 or Older) 5,000 5, (k) Deferral Limits (Under 50) 15,000 15, (k) Deferral Limits (50 or Older) 20,000 20,500 Simple Deferral Limits (Under 50) 10,000 10,500 Simple Deferral Limits (50 or Older) 12,500 13,000 Business Mileage 44.5 cents 48.5 cents Charitable Mileage 14 cents 14 cents Medical/Moving Mileage 18 cents 20 cents Section 179 Expense Maximums 108, ,000 Standard Deductions: Married Filing Joint 10,300 10,700 Single / Married Filing Separate 5,150 5,350 Head of Household 7,550 7,850 Personal Exemptions 3,300 3,400 Annual Gift Tax Exclusion 12,000 12,000 Glenn M. Anderson, Chair The deadline for submission of copy for the newsletter is the 10 th of the month for the following months issue. CIRCLE TREATMENT CENTER Twenty Three Years of Superior 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 ~ COMPLETE CONFIDENTIALITY ASSURED Ronald G. Kronthal, Esq. Sr. Loan Officer *RESIDENTIAL and COMMERCIAL MORTGAGE LOANS* *EXPERT TESTIMONY ON MORTGAGE RELATED ISSUES (Fam. Law 8-205)* Residential Home Loan Centers A Full Service Mortgage Bank and Brokerage Company (301)

13 Join the Fall Outing Committee Earn Pro Bono Credit Raising Funds for Pro Bono The Montgomery County, Maryland, Bar Foundation serves our community through charitable programs every year. We are pleased that over years, the ANNUAL GOLF AND TENNIS CHARITY CLASSIC has raised funds for Pro Bono and the Community Programs. The Fall Golf and Tennis Charity Classic and Silent Auction is the one fundraiser every year, which is sponsored by the Bar Foundation and we are beginning our tenth year. We know that YOU are our best marketer, therefore, we are respectfully requesting that each of you think of service providers to your law practice. Please call them, get a contact person's name within the organization and ask them if they would be interested in sponsoring our event. Tournament Sponsor ($5,000): Four block ad in the newsletter for 3 months, foursome for golf, four for lunch, four for dinner (includes open bar), exhibit table on a tee, custom sign on a tee, cover advertising in program, top billing in all publicity, bar association mailing list, and listing in Newsletter as a prominent supporter. Law Firm Patron Sponsor ($2,750): Six for golf, six for lunch, six for dinner (includes open bar), custom sign on a tee, listing in program as a prominent supporter, and listing in Newsletter as a prominent supporter. Law Firm Sponsor (1,750): Four for golf, four for lunch, four for dinner (includes open bar), custom sign on a tee, listing in program as a prominent supporter, and listing in Newsletter as a prominent supporter. Associate Sponsor ($1,250): Two for golf, two for lunch, two for dinner (includes open bar), custom sign on a tee, 1 block ad in newsletter for one month, listing in program as a prominent supporter, and listing in newsletter as a prominent supporter. Tee/Gree Sponsor ($650): Custom sign on a green, a 2 block ad for one month in the newsletter, a listing in the program, and a sponsor listing in the newsletter. Tennis Tournament Sponsor ($1,500): four for tennis, four for lunch, four for dinner (includes open bar), sign at the tennis courts, exhibit table near courts, listing in program as a prominent sponsor, 3 block ad in newsletter for a month, and listing in newsletter as a prominent sponsor. The SILENT AUCTION is critically important to the financial success of the event. We are asking everyone to search for silent auction items such as: Summer Homes, Ski Resort Packages, Golf Packages, Luxury Hotel Packages, Catering, Cruise Line Discounts, Sports Tickets, Summer Children's camps discounts, etc. Contact Marleni for follow up or questions at or her at montcle@barmont.org Thank you for your assistance, James R. Hammerschmidt and Alison W. Rind Co-Chairs, Fall Outing Committee

14 2007 Annual Meeting John C. Monahan, Past President, Bar Association Mary Ellen Flynn, President, Bar Association Paul F. Kemp, President, Bar Foundation... Please visit our website, to view all of the photos from our Annual Meeting... Thank you to our Law Firm / Corporate Sponsors Andalman & Flynn, P.C. John C. Monahan Office of the County Attorney Patrolmen's Benevolent Association, City of New York Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C. Venable, LLP Law Firm of Worth, Longworth & London, LLP, New York, NY We would also like to thank our Exhibitors... When you call one of our exhibitors to make an inquiry, please let them know where you saw their ad.

15 & Law Day Celebration MGB REPORTING, INC. Marcia Blau 9805 Korman Court Potomac, MD (301) (800) Please Suport Our Exhibitors With Your Business

16 * Link your Website to the Bar Association Website With The Find A Lawyer Link... NEW SIGN-UPS ONLY... * Attorneys already listed in the Find A Lawyer Section of the Website and the Area of Practice Listing in the Lawyer Directory will be billed separately. Give Us Your Area of Practice for Easy Referral of Cases The Bar Association Membership Directory and Desk Reference will contain an area for listing your area of practice and link our website to your website. This effort will serve you in Print and Electronic Medium. Please indicate your areas of Practice below. A link from our website to your website is $50. Your first listing is $30.00, with additional listings being $10.00 each. Make checks payable to the Bar Association of Montgomery County, MD. Please return forms (with payment included) no later than July 27, NAME: (PLEASE PRINT) PHONE: Please indicate your Areas of Practice ADMINISTRATIVE LAW LITIGATION DEFENSE BANKRUPTCY MEDICAL / DENTAL MALPRACTICE BUSINESS LAW PATENTS, TRADEMARKS, COPYRIGHTS CIVIL RIGHTS / CONSTITUTIONAL LAW PERSONAL INJURY COLLECTION / CREDITORS RIGHTS PROFESSIONAL MALPRACTICE CONSUMER LAW REAL ESTATE CRIMINAL LAW SOCIAL SECURITY EDUCATION LAW TAX LAW ELDER LAW TORTS (DEFENSE ONLY) EMPLOYMENT LAW TORTS (PLAINTIFF ONLY) ENTERTAINMENT LAW TRAFFIC VIOLATIONS ENVIRONMENT LAW VETERANS BENEFITS / MILITARY LAW ESTATES & TRUST LAW WILLS & PROBATE FAMILY LAW WORKERS COMPENSATION IMMIGRATION & NATURALIZATION OTHER INSURANCE/ACTIONS AGAINST OTHER JUVENILE LAW OTHER LANDLORD / TENANT LAW OTHER Please make checks payable to the Bar Association of Montgomery County, MD and forward with this form to: Bar Association of Montgomery County, MD 27 West Jefferson St. Rockville, MD If you have any questions regarding this year s Membership Directory, please contact Cindy at (301) NEW LISTINGS... BAMC Web Site Link to Your Web Page $ Website: Initial Listing (for Directory and Website) $ Additional Listings at $10 each $ TOTAL Amount Enclosed $ RETURN BY JULY 27, (If you have any questions regarding the web link, call Bev Mondin at ) Office Code A/4099

17 PERSONAL INJURY APPELLATE DECISIONS PAGE 13 In Erie v. Hefferman (Court of Appeals, Misc. No. 2, September Term 2006, Filed April 10, 2007), the Court answered certified questions of the United States District Court for the District of Maryland. It held that the Maryland statutory cap for non-economic damages would not apply to a wrongful death claim of a Maryland policyholder whose accident occurred outside of Maryland. Although the insurance contract was formed under Maryland contract law, the law of the situs of the accident would determine what the plaintiff is entitled to recover. The insurance policy provided that the carrier will pay damages "that the law entitles you" to recover from an uninsured/underinsured motorist. That is a tort principle. In addition to not having a cap on damages, Delaware recognizes comparative negligence in place of contributory negligence. Erie wanted to assert contributory negligence as a defense. Erie had consented to waive its subrogation rights against the tortfeasor when his insurer offered its entire policy limits in settlement. The court held that the consent precluded Erie's contributory negligence defense. Editorial Note: This case presents a complex discussion of conflict of laws principles. Critics of its holding have suggested that it goes too far in preventing the UIM carrier from asserting its defenses simply because of the waiver of its subrogation rights. They argue it will become more difficult to settle claims. In Johns Hopkins v. Correia (Court of Special Appeals, No. 2453, September Term 2005, Filed April 30, 2007), the Court reaffirmed a 1906 holding that the owner of a passenger elevator is held to "the highest degree of care", that being the same standard as a common carrier in Maryland. Plaintiff was severely injured when the self operated elevator in which she was riding came to an abrupt stop. In Maddox v. Stone (Court of Special Appeals, No. 1179, September Term 2006, Filed May 2, 2007), the Court held the trial court abused its discretion in precluding an expert witness' testimony. Plaintiff's counsel complied with the court's scheduling order in a timely manner in naming the expert. However, he was 34 days late in providing Rule 2-402(f)(1)(A) information as to opinions, grounds, and reports. Upon defendant's motion, the trial court precluded the testimony because of violation of the scheduling order. In holding this to be an abuse of discretion, the court stated, "The scheduling order is not meant to function as a statute of limitations, and good faith substantial compliance with the scheduling order is ordinarily sufficient to forestay a case-ending sanction". In this case there was no evidence of willful or contemptuous behavior on the part of plaintiffs or their counsel, and the trial court should have considered lesser sanctions. If you have any recent Maryland decisions to submit to the Newsletter, please contact me at or at mw@rumpolelaw.com. Marvin Waldman WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. PROFESSIONAL PROCESS SERVING, INC. Post Office Box 407 Rockville, MD (301) Trained and experienced professionals Rush service available Prompt service Competitive rates, bulk rates available Post Office checks Skip tracing/locating Continuous status reports Immediate Driving Record Access Unlimited attempts 20 Years of Service Janet M. Shipe, Director SAVE THE DATE Multicultural Celebration Thursday, October 18, :30p.m. - 9:00p.m. The Woman s Club of Chevy Chase, Maryland Sponsored by: Bar Association of Montgomery County and Specialty Bars Audrey Creighton, Chair

18 PAGE 14 PRO BONO UPDATE The following attorneys volunteered their time to the Pro Bono Program during the Month of March. On behalf of the MCMBF Board of Directors, we thank each of you for your continued dedication: April Pro Bono Referrals John H. Harmam Regan A. Sweeney Daniel L. Kennedy Timothy Tinsman Aimee Robbins Michael G. Wolff Diane G. Shook Eva Y. Xu Harry L. Stone Kamah Menseleh Gueh-Thoronka* *=4 cases During April, the following activity took place in the Pro Bono Program: Cases Referred - 17 Cases Closed Opened Cases - 33 Intakes The Board of Directors also wishes to thank the Child Custody Hero's who have taken these very difficult cases under the Child Custody Grant, which allows $50.00 per hour up to $1,000. If you would like to volunteer or need training, please contact Mary Kay Canarte at or canarte@earthlink.net. Contested Custody Cases Laura Kane* Kamah Menseleh Gueh-Thoronka Aimee Robbins* Lecia C.K. Wade *=2 cases ~ The Evening Legal Clinics at TESS and the Gilchrist Center continue to handle volumes of clients through the very able assistance of David Vega, Esquire and Jay Marks, Esquire. Their assistance and commitment continues to be the backbone of the program along with our very committed Volunteers. Following are the attorneys who volunteered in April at the Clinics. On behalf of the Board of Directors of the Bar Foundation, we wish to thank all of our PRO BONO HERO'S for their time and dedication. Gilchrist Center Nakia Gray Irwin Meiselman Jerry Lyell David Vega Jay Marks Juan Washington Donna McBride Lynette Whitfield TESS Center MaryKay Canarte Harry Lewis Marc Emden Jerry Lyell Tim Fisher Jay Marks Roger Golden David Vega Diane Griffin Shook Juan Washington The deadline for submission of copy for the newsletter is the 10 th of the month for the following months issue. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. EMINENT DOMAIN/CONDEMNATION AND AD VALOREM TAX ASSESSMENT CASES Jim Thompson and Joe Suntum head Miller, Miller & Canby's eminent domain/condemnation practice - a practice that extends back to the 1970's when Bill Canby established a major presence in the field. We accept lawyerto-lawyer referrals to: Achieve "just compensation" for property owners Try complete and partial taking cases Evaluate damages from roads, utilities and other projects Consult with owners and counsel Proven experience and leadership in this area, including trial work, teaching at ALI-ABA on eminent domain, and membership in the Owner's Counsel of America ( a select national group of lawyers representing owners in condemnation cases. In addition, both lawyers have done extensive amounts of ad valorem tax assessment hearings/trials, teach classes on Maryland property tax, and have completed the Property Tax School for the Institute for Professionals in Taxation (IPT) addressing valuation issues. Miller, Miller & Canby 200-B Monroe Street Rockville, Maryland

19 SPECIALTY BAR ASSOCIATIONS PAGE 15 FRANKLYN BOURNE BAR ASSOCIATION MONTGOMERY COMMITTEE The J. Franklyn Bourne Bar Association Montgomery County Committee will meet on Saturday, June 2, 2007 at 9:30 a.m. in the conference room of the Montgomery County Bar Association Building, 27 West Jefferson Street, Rockville, Maryland If you have any questions, please contact Holly D. Reed, III, the Montgomery County Committee Chair of the J. Franklyn Bourne Bar Association, at (301) Refreshments will be served. MARYLAND LAWYERS FOR THE ARTS ANNOUNCES NEW EXECUTIVE DIRECTOR Maryland Lawyers for the Arts (MLA), a nonprofit that provides pro bono legal services to artists in need, today announced the appointment of Marcia Mjoseth Semmes as its new Executive Director. Semmes, a former Washington, DC attorney and director of development at the American Visionary Art Museum, takes the helm 18 months after the group s relaunch in SIMON E. SOBELOFF JEWISH LAW SOCIETY COME JOIN US FOR A "SOBELOFF FAMILY BARBEQUE" AT BOHRER PARK IN GAITHERS- BURG ON JULY 1, 2007 FROM NOON TO 5 P.M. To keep things "Kosher" we ask that you bring your main course and we will have several cooking grills set up for your use. The Sobeloff Society will provide appetizers, sodas, beer, wine, ice, condiments, and side dishes. FREE ADMISSION to the Pavilion and BBQ. FAMILY FUN includes volleyball, softball, a playground, available miniature golf, skate park and a water park complete with water slide. IT'S TIME FOR SUMMER FUN WITH YOUR KIDS, SPOUSE OR SIGNIFICANT OTHER. Please check out our web site at For further information call Brian Barke at MONTGOMERY COUNTY WOMEN'S BAR ASSOCIATION Thank you, Chapter member, Katie Porwick, for organizing our 2nd annual Women's Law Day at the Women's Commission last month. As we did last year, we provided many of the women of our county with FREE invaluable legal information about the topic areas that concern them such as family law, estate planning, small business law, employment law, immigration, landlord/tenant issues and mediation. Thank you also to all our members who spoke at this event and/or provided consultations. I also enjoyed our second leader- (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

20 PAGE 16 SPECIALTY BAR ASSOCIATIONS (Continued from preceding page) ship development seminar which was the luncheon at the PGA Tour Grill featuring Mary Ellen Flynn, the President of the Montgomery County Bar Association, who spoke about her career and involvement in the Bar as a leader. We are proud to have one of our members be this year's Bar Association President and we appreciate her taking the time to speak to us last month. We all need to take the time to mentor those women lawyers coming behind us and these events are a great way to start doing that. Thank you to Chapter member, Jennifer Forquer, for organizing this event. In this month's Museletter, ballots are going out for election of the Executive Committee and Chapter leadership positions. The Nominations committee has nominated the following individuals for the election: President-elect - Jennifer Forquer Secretary - Jill Savedoff At large - Heather Collier, Sharon Johnson, and Katie Porwick *any additional nominations mailed in by Chapter members last month will be included in the ballot enclosed within the June Museletter Our end of the year party will be held at Lenore Schneiderman's home on June 7th! The festivities start at 5:30pm and as usual, we will have a delicious barbecue and door prizes! Don't miss our closing event before summer strikes! This month's Executive Committee will be held on June 11, 2007 at noon in the library of the Montgomery County Circuit Court. All members are welcome to participate. This is my last column as President and I just wanted to take a moment to say it was an honor. Thank you to everyone who helped make this year such a great WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. DAVID HARRISON, INC. 2% ~ SAVE YOUR CLIENT COMMISSION DOLLARS ~ 2% Our total charge to sell a house or condo is 2% if sold by our real estate office. If the house or condo is sold by another real estate office, through multiple listing, they get 2% and we get 2% for a total of 4%. We never charge transaction fees, processing fees or administrative fees. Our four person staff holds open houses. We advertise all listings every Sunday in The Washington Post. All listings are posted with photographs on the GCAR multiple listing service. Licensed since 1959 in Montgomery County and D.C. Member GCAR, MRIS, NAR, MAA, NAREA, AAAA, NEA and BBB. David R. Harrison Real Estate success. I'm most proud of our newly designed Museletter, our leadership development seminars, our Foundation's scholarships to four deserving local students, and our September event with the Former First Lady, Kendel Ehrlich. We accomplished a lot this year in addition to our usual lineup of fantastic signature events! Further, we have a lot of new members this year, many of which are newer members to the Bar in general, and I hope this trend continues. Have a wonderful summer! Heather Q. Hostetter, President PRIDE OF MONTGOMERY COUNTY Kathleen M. Dumais, of Rockville, Md., was for the second time selected one of "Maryland's Top 100 Women" by The Daily Record. The award recipients are chosen based on their impact through leadership, mentoring and community service. She also recently received the Public Policy Award from the Maryland Coalition Against Sexual Assault (MCASA) for her legislative work as a member of the Maryland House of Delegates for District 15. Paula Calimafde, of Potomac, Md., has been elected as a Fellow of the College of Tax Counsel. The Counsel is a nonprofit association of tax lawyers in private practice, in law school teaching positions and in government which acknowledges attorneys for their excellence in tax practice and for their substantial contributions and commitment to the profession. Trish Weaver, of Bethesda, Md., and David Shapiro, of Potomac, Md., have received awards from the Bar Association of Montgomery County in recognition of their service to the organization. Ms. Weaver was honored as Committee Chair of the Year for the Social Committee and Mr. Shapiro for his work as Section Chair of the Year for the Business Law Section. Katharine Porwick, of Bethesda, Md., was named Secretary for the metro- Bethesda Rotary Club, an organization of business and professional leaders dedicated to service in the community and in the workplace. The club's current focus is on a May 18 "Vettes in Vegas" fundraising event to benefit several health and children-related groups (