THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD 112 TH ANNUAL MEETING & LAW DAY 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: barmont@ix.netcom.com Volume 54, Issue 1 June 2006 PRESIDENT S MESSAGE This Association owes a tremendous debt of gratitude to Paul Kemp and his law firm, Venable, LLC, for his tireless efforts on behalf of this Association as your President. He devoted substantial time and effort to keeping the Association on course with his leadership, vision, and good humor. Thank you, Paul, for chairing and appearing at every meeting, luncheon, and most activities of this Association; for your structural revisions to the Fee Arbitration Committee; the ADR Committee, and the supervision of the extraordinarily active Judicial Selection Committee; and mostly for your daily decisions that made your year a wonderful Bar year. The Association also thanks Richard Stolker, our outgoing Treasurer, and Richard Melnick, our outgoing Secretary, for their time, ideas, and hard work for the benefit of all. Kudos also go to our (Continued on page 4) NEWLY APPOINTED DISTRICT COURT JUDGES AND INVESTITURE DATES John Michael Conroy June 9 Gary L. Crawford May 30 Cheryl A. McCally June 12 William G. Simmons June 28 Investitures are scheduled for 4:00p.m. in the Rockville District Court building in old Courtroom 1, currently Courtroom 20 of the Juvenile Court. 112 TH ANNUAL MEETING & LAW DAY AWARDS BAR ASSOCIATION AWARDS 16th Annual Jurist Award: Honorable Cornelius J. Vaughey 17th Annual Professionalism Award: Kathleen M. Dumais President s Citation for Outstanding Service: Alice Bunnie Boswell Committee Chairs of the Year: Larry A. Ceppos, Judicial Selections; Patricia M. Weaver, Fee Dispute Resolution Section Chairs of the Year: Jay M. Eisenberg, Chair, Estate & Trust Law; Jennifer A. Forquer and Carlos M. Lastra, Co-Chairs, Family Law; David A. Pordy, Chair, Law Firm Management; Mary B. Buonanno and Wendy B. Karpel, Co-Chairs, Workers Compensation Law BAR FOUNDATION AWARDS 2 nd Excellence in Diversity Outreach Award: Honorable Charles B. Day Committee Chairs of the Year: Daniel L. Shea, Chair, Continuing Legal Education; James R. Hammerschmidt and Alison W. Rind, Co-Chairs, Fall Outing Community Service Awards: Bradford S. Bernstein and Rachel T. McGuckian, Co-Chairs, School Mock Trial; James R. Klimaski, Producer, Law School for the Public Pro Bono Guardianship Program: Kim V. Fiorentino, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Pro Bono Mentoring Program Award Jeffrey N. Greenblatt; Strickler, Sachitano & Hatfield, PA. Outstanding Pro Bono Case Hours: Kate Bunker; David Chavkin; Law Office of Goren, Wolff & Orenstein; Cheryl Rose; Susan Scofield; Jette Stoermer Outstanding Legal Clinic Service: Jeffrey Barnham; Roger Golden; Harry Lewis; Jay Marks; Andrew Murnane; David Vega; Lynette Whitfield Outstanding Contested Custody Case Service: Zionne Akpan; John Green; Deborah Otoo; Daryl Price; Eva Xu EXECUTIVE COMMITTEE FOR President: John C. Monahan President-Elect: Mary Ellen Flynn Treasurer: Robert B. Hetherington Treasurer-Elect: Donna E. Van Scoy Secretary: Suzy L. Eckstein Executive Committee Members 1-year term: Bradford S. Bernstein Audrey A. Creighton Daniel M. Kennedy, III Shelly D. McKeon Master Joan E. Ryon George E. Simms, III 2-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 9, 2006 Annual Golf & Tennis Charity Classic Argyle Country Club Your Newsletter is available one week in advance of receiving it by mail at

2 PAGE 2 FOR YOUR INFORMATION HEADING 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 Association Beverly Executive Director (301) bevmv@ix.netcom.com Tessy Office Manager/LRS Supervisor (301) offadmin@ix.netcom.com Cindy Association Secretary (301) barmont@ix.netcom.com Marg Membership (part-time) (301) Marleni Lawyer Line (301) VACANT} Lawyer Referral Service Operators (part-time) (301) Bar Foundation Jackie CLE Seminars and Events Coordinator (301) montcle@ix.netcom.com 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, Staff Attorney (301) canarte@earthlink.net Maria Office Administrator / Client Intake (301) mdelgado849@earthlink.net Ingrid Client Intake (301) imenendez@earthlink.net FRIENDS OF BILL W. LAWYER MEETING For further information as to the time and location of the meetings, please call Lawyerto-Lawyer Committee member, William G. Simmons at (301) There is still time to volunteer for a Committee or Section Council. Call Bev at (301) John C. Monahan, President LEGAL ETHICS HOTLINE Samuel M. Shapiro - (301) Brian E. Barkley - (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 Officers and Chairs ASSOCIATION OFFICERS: President: John C. Monahan President-Elect: Mary Ellen Flynn Treasurer: Robert B. Hetherington Treasurer-Elect: Donna E. Van Scoy Secretary: Suzy L. Eckstein Past President: Paul F. Kemp Executive Director: Beverly C. Mondin EXECUTIVE COMMITTEE Bradford S. Bernstein Wendy B. Karpel Shelly D. McKeon Audrey A. Creighton Daniel M. Kennedy, III Richard H. Melnick James R. Hammerschmidt Mary K. (Kathy) Knight Master Joan E. Ryon Hadrian N. Hatfield Hon. Cheryl A. McCally George E. Simms, III New Practitioners Co-Chairs: Omolade R. Akinbolaji & Ivonne C. Lindley COMMITTEE CHAIRS Assoc./Found. Ann. Mtg. & Law Day Donna E. Van Scoy, Chair (301) Bench/Bar-Circuit VACANT, Chair Bench/Bar-District Court VACANT, Chair Fee Dispute Resolution Ronald S. Canter, Co-Chair (240) , David L. Rubino, Co-Chair (301) & VACANT, Co-Chair Interprofessional VACANT, Chair Judicial Selections Thomas D. Murphy, Chair (301) VACANT, Vice Chair Lawyer to Lawyer Barbara R. Graham, Chair (301) Lawyer Referral Gregory E. Flynn, Chair (301) Legal Ethics Jeffrey M. Axelson, Co-Chair (301) & Samuel M. Shapiro, Co-Chair (301) Legislation VACANT, Co-Chair & VACANT, Co-Chair Nominations & Elections Thomas P. Ryan, Chair (301) Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair (240) Designated Conciliator Program VACANT, Chair Technology VACANT, Chair Unauthorized Practice of Law Ronald M. Abramson, Chair (240) SECTION CHAIRS Alternative Dispute Resolution Robert L. Baum, Co-Chair (301) & Ellen F. Kandell, Co-Chair (301) Bankruptcy Law VACANT, Chair Business Law James L. Parsons, Jr., Co-Chair (301) & David P. Shapiro, Co-Chair (301) Commercial Litigation Steven Gould, Co-Chair (301) & Jeffrey M. Schwaber, Co-Chair (301) Criminal Law David A. Martella, Chair (301) Employment Law Scott A. Mirsky, Co-Chair (301) & Rosanna C. Lopez, Co-Chair (202) Estates & Trusts Jay M. Eisenberg, Chair (301) Family Law Stephanie L. Fink, Co-Chair (301) & Lisa S. Segel, Co-Chair (301) Federal Practice Lawrence R. Holzman, Co-Chair (301) & Charles F. Chester, Co-Chair (301) Health Law Randi Kopf, Co-Chair (301) & Jason Slotnik, Co-Chair (301) Immigration Devang M. Shah, Co-Chair (301) & Timur Edib, Co-Chair (301) In-House Counsel Gregory D. Grant, Chair (301) Intellectual Property & Technology Jeffrey I. Auerbach, Co-Chair (301) & Eric J. Von Vorys, Co-Chair (301) Juvenile Law VACANT, Co-Chair & VACANT, Co-Chair Law Firm Management David A. Pordy, Chair (301) New Practitioners Omolade R. Akinbolaji, Co-Chair & Ivonne C. Lindley, Co-Chair (301) Mentor/Mentee (sub of New Practitioners) - Lili Khozeimeh, Chair (301) Chamber Chats VACANT, Chair Personal Injury Litigation Michael V. Nakamura, Co-Chair (Plaintiff) (301) & John J. O Neill, Co-Chair (Defense) (301) & Hong S. (Paul) Chung, Vice Chair (301) & Andre M. Forte, Vice Chair (301) Real Estate Jerry R. O Conor, Chair (202) Taxation Chaya Kundra, Chair (301) Telecommunications Bruce A. Henoch, Co-Chair (301) & Michael Deutschman, Co-Chair (301) Workers Compensation Law John T. Beamer, II, Co-Chair (240) & Alan B. Gross, Co-Chair ((301) BAR FOUNDATION OFFICERS (Effective July 1, 2005) President: John J. McCarthy President-Elect: Paul F. Kemp Past President: Deane A. Shure Treasurer: Alan S. Zipp Assistant Treasurer: Richard S. Stolker DIRECTORS James M. Brault Mark S. Goldstein A. Howard Metro Douglas M. Bregman Gerald W. Heller Robert C. Park Eun (Jeannie) K. Cho Eric M. Johnson Linda D. Schwartz Charles B. Day John P. Kudel Harry C. Storm Glenn M. Cooper Susan S. Magazine Rebecca N. Strandberg David S. DeJong Mimi L. Magyar-Socorso Joseph P. Suntum Kathleen M. Dumais Rachel T. McGuckian Marvin Waldman Mary Ellen Flynn Patrick C. McKeever Jo B. Fogel Camilla O. McRory 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 VACANT, Chair CLE Breakfasts James C. Strouse, Chair (410) 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) & VACANT, Chair (School Division)

3 CURRENT UPDATE PAGE 3 CIRCUIT COURT FAMILY DIVISION Consent Orders in Family Cases Please do not submit a consent order for signature in a family case, without an underlying motion. The court has no jurisdiction to rule without one. Monitor A flat screen information monitor is being installed in juvenile. The monitor will be located in the lobby area on the lower level, to the left of the courtroom doors. Information will be listed by case number, Respondent's first name and first initial of last name, Judge name, courtroom number, floor and time. Juvenile Court Motions to Continue Lately, there have been issues with motions to continue being filed very close to the scheduled event, sometimes within hours. Such filings do not allow sufficient time for processing or putting other parties on notice. Please be advised that a motion for a continuance filed the day before a court proceeding, must be filed with the Juvenile Clerk's Office by 12:30 p.m. If possible, please include the other party's position on the continuance in your motion. Please notify the assigned case manager either by telephone or in person when you file the motion so that the file can be designated a "Rush". Providing a courtesy copy of the motion to the case manager will help expedite the process. A copy can be delivered or faxed to the case manager at All motions to continue filed after 12:30p.m. on the day before the hearing will not be processed by a case manager and will be heard in Court at the scheduled event. Madeleine Jones MLSC SEEKS NOMINATIONS FOR LEGAL SERVICES AWARDS The Maryland Legal Services Corporation is soliciting nominations for four awards it presents annually to persons making outstanding contributions to the provision of legal assistance to Maryland s poor. The four awards are as follows: The Arthur W. Machen, Jr. Award to an attorney in private practice who has rendered extraordinary services in Maryland by providing civil legal services to the poor or by improving the civil legal services delivery system for such persons; Future Calendar June 14-17, 2006 ~ MSBA Annual Meeting ~ Ocean City, MD... For registration, visit the website at June 27, 2006 ~ 7:45a.m. ~ Committee Orientation ~ Bar Association CLE Classroom... For all Committee Chairs and Co-Chairs... Information will be sent out at a later date. June 27, 2006 ~ 5:00p.m. ~ Section Orientation ~ Bar Association CLE Classroom... For all Section Chairs and Co-Chairs... Information will be sent out at a later date. September 21, 2006 ~ Hispanic Bar Association Gala October 9, 2006 ~ Annual Golf & Tennis Charity Classic ~ Argyle Country Club October 27, 2006 ~ Bar Association / Red Cross Blood Drive November 2, 2006 ~ J. Franklyn Bourne Bar Association Banquet The Benjamin L. Cardin Distinguished Service Award to an outstanding public interest attorney who is regularly involved in providing civil legal services to the poor; The William L. Marbury Outstanding Advocate Award to a nonattorney who has demonstrated outstanding service in Maryland representing the rights and legal needs of the poor; and The Herbert S. Garten Public Citizen Award to an entity or organization (not regularly engaged in the delivery of legal services to low-income persons) that has demonstrated an extraordinary commitment to increase access to justice for the poor in Maryland. MLSC has sent requests for nominations to legal services providers, bar associations, service organizations and others throughout the state. (Continued on page 6) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. Qualified Plan Issues? IS YOUR ABILITY TO REWARD PRINCIPALS RESTRICTED? ARE YOU PAYING THOUSANDS IN NEEDLESS STAFF CONTRIBUTIONS? ARE YOU DISSATISFIED WITH YOUR PLAN INVESTMENTS? CONTACT US, WE HAVE SOLUTIONS DIANE E. KELLEY CPC, QPA AUTOMATED RETIREMENT PLANS INC. DKELLEY@A-R-P-I.COM 6225 BRANDON AVE SUITE 350 PHONE: EXT: 314 SPRINGFIELD, VA 22150

4 PAGE 4 PRESIDENT S MESSAGE, cont d (Continued from page 1) outgoing diligent Executive Committee members, having finished two years of service: Hon. Michael J. Algeo, Michael J. McAuliffe, Jeffrey Van Grack, Patricia Weaver, Neil Jacobs, and Nancy Sachitano, and the outgoing Co-Chair of the New Practitioners, Marjorie DiLima. This is not news for the 350+ people who attended our Annual Meeting and Law Day, but it was a tremendous success in its first visit to the Marriott Conference Center. As usual, the event was wellstaffed and coordinated by our Executive Director, Bev Mondin, and her enthusiastic staff, Cindy Brandenburg, Tessie Gamboa, Jackie Strzepek, Marleni Jimenez and Bea Rice. The space, food, awards and overall ambiance was professional and first-class. Special thanks goes to Cindy Brandenburg who did everything as the Administrative Assistant and Coordinator of the meeting while her father had serious medical issues at the Washington Hospital Center. She actually came in during the wee hours of the morning the week before to work on preparation for the meeting and then spent the rest of the day with her father at the hospital. Talk about grace under pressure. Please remember to say "thanks" the next time you see her. I am very proud to have been elected as your President, and will work diligently to justify your confidence in me. My basic belief is that this association exists primarily for the benefit of all our members to improve their professional lives and practices. Toward that end, I announced a number of initiatives which will be targeted this year. Some are capable of conclusion within one bar year, others will undoubtably continue. 1. Courthouse Construction: It has WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. previously been reported to you about the serious problems involving funding to build the planned expansion of the Circuit Court (county-owned), and the new Rockville District Court (state-owned). These projects which were in jeopardy, are now back on track thanks to our elected representatives. I attended a session of the County Council on March 24, 2006, and your County Council voted unanimously to fund $48 million towards the first phase of a new Circuit Courthouse with planned construction hopefully beginning in The funding for the demolition and site work for the new Rockville District Court has also been restored subject to final release of those funds by the Governor. This funding was due primarily to the yeoman efforts by the entire Montgomery County delegation, both House & Senate. Special thanks go to our three Montgomery County Senators on the Budget & Tax Committee, Senator Rona Kramer, Senator P.J. Hogan, and a long-time friend of the Judiciary and our Association, Senator Ida Ruben. To assist our courts and our elected officials with both of these projects, I am appointing a Special Committee on Courthouse Construction. That committee will act as a resource and lobbying group to make sure that these projects are adequately funded, and that the courthouses are suitable for our current and future needs. 2. Long-Range Planning: I believe we will continue to be the best local bar association in the State of Maryland, but we need to plan and anticipate for the future of our Association. I am therefore reviving the Long-Range Planning Committee to plan and conduct a Long- Range Planning Conference in this bar year, and to report to the membership with their recommendations no later than next year's Annual Meeting. A related, but bittersweet project is to plan for the day that our Executive Director of nearly 30 years, Bev Mondin, decides to retire. I am appointing a special Personnel Committee to study this entire issue from search to selection to transition. Dave DeJong, Esquire has graciously agreed to chair that committee. 3. Membership: We will continue Paul Kemp's initiatives to attract and retain new practitioners, but we will also need the enthusiastic involvement of all of our members, especially those who have been

5 PRESIDENT S MESSAGE, cont d PAGE 5 in practice 5, 10, or 15 years. I especially want to reach out to all the law firms in the County, especially mid-size and large firms. We know those lawyers are very important to your firms, and similarly, they are very important to the Bar. We need their involvement and their leadership. I will be contacting many of these firms personally to attempt to increase involvement of their members in the Association. 4. Technology: The Technology Committee will be staffed to allow the Bar Association website to become an available resource for common office technology solutions. In addition, the Association will purchase and implement the software necessary to make this past year, the last year of paper ballots for anything. We will use secure online voting for our elections, our judicial referendums, and surveys for our members. 5. Pro Bono Service: I will ask each section and each committee to report to the Executive Committee on how their committee or section can provide pro bono service to citizens of limited means in our area. This may involve service at the clinics, at the pro se project in the courthouse, or with taking assigned cases, perhaps jointly, to spread out the workload. In addition, the Public Defenders Office is putting together a new project to present to the Bar where our members can volunteer to be advocates for at-risk children in the school system and to help stem the rising juvenile crime rate, and more importantly, the damage done to students who do not get appropriate services during their formative years. 6. Social Programs: (A) I will encourage all committees and sections to have at least one meeting a year with a social component, be that a lunch meeting, dinner meeting, or social hour. I believe this increases participation, fosters networking, and permits interaction in a relaxed setting. (B) I will meeting during May and June with the Bar Revue Committee to consider a new location for 2007 that will combine the atmosphere of Smoky Glen Farm, with the advantages of an indoor performance hall. We are considering some private high school sites, but are open to anything so if you have suggestions, please call or me. (C) Bar Association Party: Some of our older members will remember the Annual Formal Dinner Dance we used to have. Drawing on that, I have decided to instead have an informal party in April that will be just for fun. I am going to ask the New Practitioners Section to plan and implement that function with the help of Trish Weaver and others. We are tentatively looking at April so stay tuned for further details. Next May I plan to look back and see how well we did as an Association with ENDOWMENT CONTRIBUTIONS James B. Blinkoff Honorable David L. Cahoon Milton F. Clogg David S. DeJong Thomas E. Dunigan Arthur C. Elgin, Jr. Donna N. Ersek Marcia Fidis Jo B. Fogel Mark E. Lewis & Janice Nesse Joseph A. Lynott, III Mimi Magyar-Socorso Honorable James S. McAuliffe, Jr. Honorable John F. McAuliffe Patrick C. McKeever A. Howard Metro Charles Pavitt & Elaine Gilby Elsie R. Reid Stephen H. Ring Master Steven G. Salant Lawrence A. Shulman Rebecca N. Strandberg Joseph P. Suntum Honorable Durke G. Thompson James L. Thompson Marvin M. Waldman Honorable Charles W. Woodward these initiatives. The membership will be kept abreast of our progress, not only at our monthly luncheons, but through this newsletter. I am also reviving a prior practice where the minutes of the Executive Committee Meeting will be published in the newsletter. Please stay involved in our association. You do make a difference. John C. Monahan PRO BONO CONTRIBUTIONS Bunton Amernick Nancy G. Barr Robert G. Brewer, Jr. Lawrence H. Fischer Jo B. Fogel Charles W. Foster Diane A. Fox Goren, Wolff, & Orenstein, LLC Travys D. Harvery-Morris Beverly G. Hudnut Neil B. Johnson Stephen A. Klein John J. Kominski Eric P. Mitchell Katherine Palumbon Katherine E. Pardee Sandground, New, & Lowinger, PC Robert M. Sandler Rhonda Scarborough Marion T. Silva Steven A. Solomon Donald H. Spence, Jr. Women's Bar of Maryland-Montgomery County Chapter 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

6 PAGE 6 CURRENT UPDATE, cont d (Continued from page 3) Nominations must be received by June 30, 2006, and the awards will be presented at the MLSC Awards Reception in the fall. MLSC was established by the Maryland General Assembly in 1982 to receive and distribute funds to nonprofit organizations that provide civil legal assistance to low-income persons. From its inception, MLSC has made grants totaling over $90 million to help provide services in more than 1.3 million legal matters for Maryland s families in areas of family, housing, consumer, employment, health care and other civil legal matters. For additional information regarding the MLSC Legal Services Awards or to obtain nomination forms, contact MLSC at (410) or toll free at (800) or download them from our website, BAR FOUNDATION PRESENTS SEMINARS ON CONSTITUTION TO GAITHERSBURG OASIS On March 15th, 29th and April 12th, the Speakers Bureau of the Bar Foundation presented three seminars on the U. S. Constitution to the Gaithersburg Chapter of OASIS. Presentations were given by seven members of the bar, who received complimentary reviews from the approximately 50 people who attended. On March 15th, John Quinn and Gary Siegel made presentations. John Quinn presented an overview of the Constitution (history and content) and a discussion of its initial strengths and weaknesses. Gary Siegel discussed the Bill of Rights-its history, its initial application only to the federal government, and its subsequent expansion via the 14th Amendment (through selective incorporation). 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 On March 29th, presentations on the three branches of government. James Shalleck spoke on Article I and the Legislative Branch; Paul Smith spoke on Article II and the Executive Branch; and Anne Albright spoke on Article III and the Judicial Branch. On April 12th, the concluding presentations were given by Richard Schimel and Billy Becker. Richard Schimel spoke on federalism issues, including the Supreme Court's rulings in Bush v. Gore (2000). Billy Becker spoke on recent developments in areas where federal powers and individual rights conflict. On June 5th, 12th and 19th, the Speakers Bureau will present a second round of seminars to the Gaithersburg OASIS, with presentations on the First Amendment, Eminent Domain, Affirmative Action, Constitutional issues in the Deanne v. Conway case, and a review of events that have affected the Constitution during the past ten years. Bar members interested in participating in seminars on the U. S. Constitution, please contact Billy Becker at wfxbecker@verizon.net or C. Paul Smith at cpaulsmith@verizon.net or via FAX at (301) Indicate the areas of your interest and on which you are willing to speak. C. Paul Smith WACHOVIA JOINS RANKS OF MARYLAND IOLTA HONOR ROLL FINANCIAL INSTITUTIONS Wachovia Bank has been named the first Maryland financial institution with a nationwide presence to join the ranks of the Interest on Lawyer Trust Accounts (IOLTA) Honor Roll by the Maryland Legal Services Corporation and the Maryland State Bar Association. Maryland Legal Services Corporation, a non-profit organization that administers IOLTA and other funds for legal aid, works with lawyers and banks across the state to help fund organizations that provide civil legal services for low-income Marylanders. The IOLTA Honor Roll recognizes financial institutions that agree to pay a net yield of at least 1.5% on IOLTA deposits. Wachovia

7 CURRENT UPDATE, cont d PAGE 7 has joined the ranks of Gold Honor Roll members by increasing its average net yield on IOLTA deposits from seventenths of one percent to more than two percent. Sixteen Maryland banks are currently on the Honor Roll. We try our best to be a good corporate citizen in all of the markets that we serve, and given the recent rise in interest rates, frankly, it was just the right thing to do, said James Themides, Wachovia s Regional President. We are more than happy to do this, and appreciate the business that we have with the IOLTA accounts and with all law firms in Maryland. The Maryland IOLTA program was created in 1982 to assist Marylanders who would otherwise have a hard time paying for legal help with family, housing, health care, disability, employment, education, and other issues. At the time the program was created, interest rates paid on IOLTA averaged over 5%, but dropped to less than half a percent when short-term interest rates hit historic lows in Given the current interest rate environment today s rate sits at 4.75 per cent after the Federal Reserve s fifteenth consecutive increase since June 2004 it is anticipated that other Maryland banks will review and adjust rates paid on IOLTA deposits. On behalf of everyone associated with IOLTA, we are delighted to have Wachovia join the ranks of Gold Honor Roll members, said F. Vernon Boozer, chairman of the Maryland Legal Services Corporation. We hope to see many more banks join them in the coming months. If you are unable to take the time for the whole meeting, you may want to take the opportunity to hear some excellent speakers for this 1-day program. Programs are: Relax: It s Time to Outsmart Your Peers with RSS Is What You Said What They Heard? Using Psychology to Improve Your Practice Workers' Comp Appeals Presumption? What Presumption A Winning Playbook in the Circuit Court Collaborative Law: How It Can Improve Your Practice OOPS: Top Mistakes That Can Trip Up the Most Experienced Litigators and Transactional Attorneys How Solos CAN USE Mediation for Negotiating Cases and Satisfying Clients The Power of Nice: How To Negotiate So Everyone Wins - Especially You! To register, members can go to the MSBA website at Pat Yevics, Director, Law Office Management Assistance NEW MONTGOMERY COUNTY MENTORING PROGRAM I am writing about a new mentoring program in Montgomery County designed for children involved in the Montgomery County Juvenile Court system. In my years as a juvenile court judge, I saw countless youngsters who were in dire need of some consistent, supportive adult figure in their lives. Mentoring programs always came to mind when faced with this reality, but I have found that there are actually precious few mentors out there willing to commit on a regular basis to a child in need. With that in mind, several agencies and interested individuals developed a (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. SOLO DAY AT THE MSBA ANNUAL MEETING OCEAN CITY, MD The program will be held on Friday, June 16, 2006 at the MSBA s Annual Meeting in Ocean City. The program has a one-day registration fee of $50 and is co-sponsored by the Solo and Small Firm Section, the Section on Negligence and Worker s Comp and Alternative Dispute Resolution Section. It was created to give solo and small firm practitioners the opportunity to come to the Annual Meeting for just one day and benefit from sessions specifically designed for them.

8 PAGE 8 CURRENT UPDATE, cont d (Continued from preceding page) program to help our court-involved kids. We now have in place a collaborative group dedicated to providing mentors for both CINA and delinquent children. The children chosen for this program are either involved with the Child Welfare system because they have been abused and/or neglected or have committed delinquent acts and are now involved with the Department of Juvenile Services. The YMCA Youth & Family Services is functioning as our day-to-day coordinating agency, with Ottoniel Perez as the program director, in partnership with the Circuit Court of Montgomery County, the Montgomery County Public Schools, the Montgomery County Department of Health and Human Services, and the Maryland Department of Juvenile Services. The first mentor/mentee relationship began some months ago and we now have over 12 matches of mentors/mentees who meet on a regular basis. The program is looking to expand the mentoring pool and we are in need of more mentors. We have a diverse mentee population and are looking for mentors with varied backgrounds. We need both male and female volunteers and can desperately use mentors who are bilingual. The YMCA Mentoring Program will also explore using couples, and faith-based and other small groups to expand the volunteer mentor pool. The mentors must be willing to make a one-year commitment, and meet regularly with young people who have challenges and difficulties but who also are filled with promise. Please contact the Mentoring Coordinator, Ottoniel Perez at operez@ymcawashdc.org. or by telephone at (301) (ext. 2574) or cell at (202) if you or anyone you know would be interested in being a mentor. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. You can also call my chambers at (240) any time for further information. Katherine D. Savage LOCAL FIRM ANNOUNCES 2006 SCHOLARSHIP AWARD RECIPIENT Bethesda-based law firm Lerch, Early, and Brewer, Chartered, announced today that Joseph Braun, a senior at Northwest High School (Germantown), was the recipient of their 2006 Annual Scholarship Award. The scholarship is awarded to the Northwest football player with the highest cumulative grade point average, and who has been a member of the football program throughout all four years of the student's high school career. Jeffrey VanGrack, Co-chair of the Community Associations Group at Lerch, Early, and Brewer, and Paul Alpuche, Chair of the firm's Business and Taxation Group, coordinated the award with the school. Both VanGrack and Alpuche serve as volunteer coaches for the Northwest football team. "We're very proud with how hard Joe worked during his four years at Northwest." VanGrack said. "The award is an affirmation of the work ethic that Joe has exhibited both on and off of the field." The award will be presented to Braun, who will be attending the University of Miami (Fl.) next year, at a school assembly on May 18. The scholarship is part of Lerch, Early, and Brewer's association with the "Partners in Business and Education" program, which is sponsored jointly by the Montgomery County Chamber of Commerce and Montgomery County Public Schools. The program successfully unites the business and education communities to achieve a common goal of workforce readiness for students. Businesses who participate in the "Partners" program strive to provide experiences within the school, business, and community to help students make informed educational choices and career plans. In addition to the annual scholarship, VanGrack has worked with school teachers and administrators to bring in judges, college professors, attorneys from the firm, and Maryland state representatives for speaking opportunities for the students at Northwest.

9 EQUAL JUSTICE COUNCIL AWARDS DOUG BREGMAN RECEIVES CHAMPION OF JUSTICE AWARD On Wednesday, May 24, 2006, the Equal Justice Council celebrated their Ninth Annual Awards Breakfast at the Camden Yards Banquet Room. Douglas M. Bregman received the 2006 Champions of Justice Award. His work to make Equal Justice Under the Law a reality for our low-income community is greatly appreciated. ~ Montgomery County Circuit Court Judge Durke Thompson ruled that all 13 plaintiffs in a lawsuit against the State asking for the restoration of health care benefits including five who were added to the case after it was initially filed have standing to seek preliminary relief. The plaintiffs lost their benefits after $7 million was cut from the budget last July. The cuts affected about 4,000 legal immigrants who are legally in the country but have lived in the U.S. less than five years. While the judge declined to order specific relief for two of the plaintiffs a sixyear-old girl with asthma and her oneyear-old sister with breathing problems and a heart condition he recognized the conundrum faced by the plaintiffs parents, who are unable to prove a medical condition because of the lack of medical care. Thompson strongly urged the State to address their serious medical needs. Thompson also left the door open for the girls to seek further relief if their health care needs aren t met. Some of these kids are pretty doggone sick, Thompson noted from the bench. I strongly hope the State addresses the serious needs of [the sisters] and stays alert to the needs of the other plaintiffs. Attorneys for the plaintiffs were pleased with the outcome of the hearing. The State is finally listening, said Douglas M. Bregman, of Bregman, Berbert, Schwartz & Gilday, LLC in Bethesda, a pro bono attorney representing the children. We ve got their attention and we re pushing the State to the outer limits of cooperation. The judge gave all of our plaintiffs standing and he s ready to hear from them all, Bregman continued. And he wants to hear from us if they don t get health care. It seems like they ve now got case workers on it 24 hours a day. Added Regan Bailey, a Legal Aid attorney also representing the children: We ve been unbelievably successful in getting care for some of the chronic conditions our plaintiffs suffer from. But they need the same comprehensive health care that all children need to identify and promptly address potentially serious health conditions before they cause significant and irreparable harm. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. PAGE 9 In February, the Court of Special Appeals, while upholding stays on an injunction restoring healthcare to legal immigrant children, put in place a mechanism for plaintiff children at serious risk and needing particularized medical treatment to seek heath benefits at the circuit court level as the case moves forward. Today s hearing asked the State to restore benefits to two of the plaintiffs. Earlier this month, the Court of Appeals took the case and has scheduled oral arguments in late May or early June. The Legal Aid Bureau, established in 1911, is Maryland's only statewide program providing a full range of free civil legal services to low-income people. Bethesda-based Bregman, Berbert, Schwartz & Gilday, LLC was established in Senior partner Douglas Bregman is a former president of the Bar Association of Montgomery County and sits on the board of directors of the Maryland Legal Services Corp. SIMON E. SOBELOFF JEWISH LAW SOCIETY ANNUAL BARBECUE & GATHERING Join us in a ceremony to Kosher Brian Sadur's Brand New Grill and schmooze with new and old friends. Sobeloff membership not required to attend. Our gathering will take place on July 20, 2006 from 5:30 to 8:30 pm at the home of Brian Sadur, Esq, 2 Purdue Court, Rockville, Maryland. Please RSVP to info@sobeloff.org. If you would like to bring food or desserts, please contact Brian Sadur at bdslaw@aol.com Don't miss this event and check out our web site at For further information call Brian Barke at (301)

10 PAGE 10 LEGISLATIVE UPDATE Now that the session is finally over, I want to share a brief overview of some legislative highlights. Once again, the session was very contentious. But, overall, I think it was quite productive. Below is a brief discussion of some issues addressed during the 2006 session. When the gavel fell at midnight on April 10, it marked the end of the final session of my freshman term. I truly enjoy the wonderful privilege of serving the citizens of District 15. Over the past four years, I have continued to gain the knowledge, experience, and practical understanding necessary to effectively promote my legislative goals and advance the interests of my constituents. By my fourth session, I demonstrated enough mastery of the legislative process that leadership asked me on several occasions to assist in promoting the agenda of the Democratic Caucus by motions and arguments in the Judiciary Committee, where I serve as a member. Additionally, the Chairman of the committee invited me to serve as the floor leader for many pieces of legislation that came before the full House and to participate in the workgroup that determines the agenda for the committee's voting sessions. The most pressing work of the General Assembly is the budget. Our first priority was to receive assurance from the Administration that it would release to local governments the $25.8 million the legislature provided last year for local highway grants. Then we adopted a balanced budget for fiscal year 2007, which seeks to fulfill our obligation to fund the projects, programs and services Marylanders need. We increased public school spending by 11.4% and higher education spending by 13%. We provided additional funding to allow for a tuition freeze at Maryland's colleges and universities. Funding for environmental WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. protection and Chesapeake Bay restoration went up by $85 million. State employees will receive a pay raise and medicaid spending for the poor and elderly will increase by $222 million. These medicaid expenditures include $10 million toward restoring nursing home quality of care initiatives that had been reduced during the last three years. We increased foster care spending for vulnerable children and funded an innovative pilot program for families and children faced with difficult challenges. We added $361 million to land preservation and parkland funding. In addition to striving to fulfill our public funding obligations, we aimed for fiscal prudence. Accordingly, we set aside balances in an attempt to offset spending and revenue gaps anticipated for Such provisions include setting aside almost $130 million in the general fund for shortfalls that may arise in 2007; $1.4 billion in the Rainy Day Fund that can be used toward closing the projected gap in fiscal 2008; and $152 million in the dedicated purpose account for retiree health care and pension enhancements for state employees and teachers. Moreover, we reduced ongoing spending by $100 million. This keeps our budget below the limit recommended by the Spending Affordability Committee. Such fiscal prudence helps us maintain, along with only five (5) other states, the coveted triple-a bond rating. We funded some very important projects for Montgomery County, including $40 million for school construction, a $10 million increase from last year's budget. Specifically in District 15, we secured nearly $1 million for community projects. This money will fund the Poolesville Town Hall, the King Farm Dairy MOOseum, Appellate Practice Law Office of Paul Benkert 21 Years Experience Appellate Briefs, Oral Arguments, Centiorari Petitions Maryland and Federal Courts Former Federal Attorney, Assistant State s Attorney, and Corporate General Counsel Current practice specializing in appellate advocacy Will research and ghost write for you or enter appearance pbenkert@comcast.net 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

11 LEGISLATIVE UPDATE PAGE 11 Ivymount School, the Germantown Life Sciences Incubator, the BlackRock Center for the Arts, and the Agriculture Activity Center Expansion. Other noteworthy legislative accomplishments of the General Assembly include the State Employees' and Teachers' Retirement Enhancement Benefit Act of 2006, the Maryland Stem Cell Research Act, the Healthy Air Act, election reform, expansion of the homeowners' property tax credit, and the Retired Military Tax Reduction Act of Personally, I navigated another ambitious legislative course. This has been my most successful session thus far, with eight of the bills I sponsored passing both chambers of the General Assembly. In addition to the measure I introduced that garnered funding for the Poolesville Town Hall, following is an explanation of my bills which achieved final passage. Juvenile and Adult Competency: One of the weightiest challenges of our judicial system is how to address the issue of individuals charged with crimes who are not competent to stand trial. Last session, we passed legislation I introduced regarding juvenile competency. It established procedures for a court to determine the competency of a child alleged to have committed a delinquent act. This year we passed a companion piece that moves last year's accomplishment forward by establishing what services should be made available to a juvenile found to be incompetent. A second bill during this session filled a loophole in the law for adults deemed incompetent to stand trial by setting up a regular review process. Some adults committed to state institutions for treatment to restore competency got lost in the system and served more time in the institution than they would have served in prison had they been convicted of the crime. This bill sets out a process for periodic judicial review of an individual's progress as well as hearings to determine whether the person continues to meet the commitment criteria. At the same time, the proposed new process addresses public safety concerns by allowing the judge, in appropriate circumstances, to have the individual detained in the custody of the Department of Mental Health and Hygiene for consideration of civil commitment. Family Law: Several of my successful bills fall under this heading. One allows the judge in a divorce proceeding to transfer title to a jointly owned principal residence from one spouse to another in order to facilitate an equitable distribution of marital property. Every other state in the country grants the judge this authority. We believe that providing this tool to Maryland's courts will result in more equitable settlements, as well as court decisions. Another authorizes a judge to appoint a "best interest attorney" to represent a child in contested custody and visitation cases. This type of appointment allows an attorney to serve as an arm of the court to independently and objectively review and investigate the case to help the judge determine what is in the child's best interest. Two other bills address low income parents who owe back child support payments to the state. Both of these allow the state more flexibility in settling a child support arrearage for low income parents. These bills only pertain to a debt owed to the state, not the custodial parent. The public policy rationale for allowing such settlements is to encourage the noncustodial parent to continue paying ongoing support. Estates and Trusts: This bill stipulates that two persons may be designated as custodians of custodial property for the benefit of a minor under the Maryland Uniform Transfers to Minors Act, thus allowing both parents to exercise care and control of custodial property. In closing, please accept my heartfelt thanks for allowing me to serve. At the risk of sounding overly sentimental, I can truly say that not a day has passed when I am not awed by the great honor District 15 citizens bestowed on me. I hope you will continue to communicate your legislative concerns. Your input is invaluable. Please do not hesitate to contact my legislative aide, Julie Scheide, or me, if you have any questions at Kathleen M. Dumais, Delegate, District 15 WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

12 PAGE 12 COMMITTEES & SECTIONS ALTERNATIVE DISPUTE RESOLUTION SECTION The ADR Section is looking for volunteers to review arbitrator applications and help promote the newly revised MCBA arbitration program. Please contact Ellen Kandell or Bob Baum if you are interested in helping out on this endeavor. There will be a CLE on arbitration. Anyone who wants to participate on the arbitration roster will have to take the CLE if they don't have formal arbitration training. We are also looking for your ideas on programs for Ellen F. Kandell, Co-Chair Robert L. Baum, Co-Chair BUSINESS LAW SECTION The new co-chairs for the section for are Jim Parsons and David Shapiro. After a break for the summer, the section will begin in the fall with informative section meetings. If you have questions, suggestions, or comments before then, please feel free to contact Jim (jparsons@llplawfirm.com) or David (dshapiro@paleyrothman.com). Thanks to all of our section members for your participation in the section. Edward E. Sharkey, Co-Chair Matthew J. Downs, Co-Chair CINA/DELINQUENCY BROWN BAG BENCH BAR MEETINGS June 14, 2006 Sept. 21, 2006 July 20, 2006 Oct. 18, 2006 Aug. 16, 2006 Nov. 16, 2006 Dec. 20, 2006 The CINA Bench Bar meetings are now being held on Wednesdays, while the Delinquent Bench Bar meetings will remain on Thursdays. The CINA/Delinquent Bench Bar meetings will be held in Courtroom 20 of the District Court Building at 12:30-1:30 PM. CIRCUIT COURT BENCH BAR COMMITTEE The following matters are brought to your attention: (1) As a reminder, the Circuit Courthouse is involved in a program to make the Courthouse more user-friendly to the public. It is part of a statewide access and fairness in the courts initiative. On June 9th and 12th, surveys will be given to members of the public (both lawyers and non-lawyers) exiting the Courthouse to detail their experiences with the process with regard to friendliness and access. (2) Maryland Rules of Procedure, and 3-126, which are the rules concerning service, have been revised. Please make a note of the changes. (3)There is a judicial conference scheduled for May 17th through May 19th. The Circuit Court essentially will be closed for matters in the normal course. There will be retired judges available for emergency matters. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. INTERSPANISH COMMUNICATIONS INTERPRETING AND TRANSLATING SERVICES DEPOSITIONS, MEDIATIONS, HEARINGS, STATEMENTS WANDA S. LEHMAN CERTIFIED COURT INTERPRETER, PRINCIPAL P.O. BOX SILVER SPRING, MD TELEPHONE: (301) FAX: (301) Have a great summer. If you have any matters to bring to the Committee's attention, please contact me at or patricia.via@montgomerycountymd.gov, Committee Chair, or Lawal Momodu ( ), lawal.momodu@gmail.com. Patricia Via, Chair COMMERCIAL LITIGATION SECTION The Commercial Litigation Section's next meeting will be June 22, 2006 at 8:00 a.m. at the offices of Brown and Gould, 7700 Old Georgetown Road, Suite 500, Bethesda. Please RSVP by to Melissa at mgarvey@brownandgould.com. Steven Gould, Co-Chair Jeffrey M. Schwaber, Co-Chair DISTRICT COURT BENCH BAR COMMITTEE News on Judges: On May 8, 2006, Governor Ehrlich officially announced four judicial appointments to fill the current vacancies in District court. Out new judges will be (in alphabetical order) Michael Conroy, Gary Crawford, Cheryl McCally, and William G. Simmons. Investitures will be scheduled in the Rockville District Court building in old Courtroom 1, currently Courtroom 20 of the Juvenile Court. Dates are listed on page 1 of this Newsletter. Judge Wolfe plans to work the new judges into the regular schedule quickly using a brief on the job training program that will have our new judges fully scheduled during June Watch the Bar website for updated schedules as these new judges are sworn in. Judge Wolfe informed the Bench Bar Committee that he has taken all the necessary steps to apply for two additional District Court judgeships in Montgomery County, but the earliest we can get new appointments here will be approximately Funds were put back in the budget to pay for the demolition of the old Rockville Public Library, and for site work for the new District Court building there. The new courthouse could be in operation by September Suggestions from the Bench: On all civil pleadings, use the full case number, starting with [Rockville cases] or

13 COMMITTEES & SECTIONS PAGE [Silver Spring cases]. If a civil case is specially set, put something on the pleading to reflect its specially set status. Putting a trial date in the caption of a pleading is also preferred and will assist the clerks in setting priorities. Civil motions will not be heard or ruled on before the time for a response from the other side has expired. Please do not file a motion one day and call back to check for a ruling two days later. It is not going to happen unless you have consent from the other side. Lawyers should refrain from making oral requests in the courtroom for action or modifications on existing cases that are not scheduled that day or in that courtroom. Judges are being instructed to require written motions so that all files will reflect the reason for actions taken. The judges also prefer that all written motions be accompanied by a proposed or consent order so that the specific relief being requested can be noted on a document kept in the file. Members with questions or suggestions are encouraged to them to Reg Bours at bourslaw@verizon.net. Reginald W. Bours, III, Chair ESTATE & TRUST LAW SECTION Life Settlements: Providing Attorneys New Solutions and New Responsibilities By Joe Young & Patrick Duke In the Fall of 2003, The American Bar Association's Real Property, Probate and Trust Journal published "The Benefits of a Secondary Market for Life Insurance Policies." This report concluded that holders of life insurance policies who sold their policies to life settlement providers in 2002 received $242 million more than what would have been returned to insurers. 1 In 2004, that number jumped to $686 million. 2 What is a life settlement? A life settlement is the sale of a life insurance policy an assignable asset where the insured is 65 years of age or older and does not have a terminal or chronic illness. In a life settlement transaction, the owner of the policy always receives more for the policy than the insurance company would be willing to pay for surrender of the policy. Prior to the emergence of the life settlement market, owners of unneeded, unaffordable or underperforming policies on senior insureds had very limited options for an exit strategy. They could (1) continue to pay premiums; (2) surrender the policy for the surrender value; or (3) allow the policy to lapse. Rarely are any of these options an attractive alternative. Now holders of these owners have a new option - the Life Settlement. The Life Settlement option provides (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

14 PAGE 14 COMMITTEES & SECTIONS (Continued from preceding page) the advisor with a powerful new tool to address common challenges encountered by their high-net worth clients. However, with these new planning opportunities come new responsibilities, especially for attorneys who are assisting these individuals with their estate and business planning, or, most notably, when serving as a trustee on trust-owned policies. When to Consider a Life Settlement Estate tax needs have changed. Due to erosion of the estate, an increase in liquidity, or increases in the estate tax exclusion level, the need for a policy held in an irrevocable life insurance trust (ILIT) may no longer be applicable. Where traditionally this policy may have been allowed to lapse or surrendered for a fraction of the premiums paid, a life settlement could enable the trustee to liquidate this asset for its fair market value and redistribute the proceeds into more advantageous investments. Under-performing insurance policies. Typically, when clients purchase life insurance policies for estate planning purposes, most often universal life policies, maintaining the death benefit is the sole concern. Prior to the introduction of new products that offer death benefit guarantees, these policies were commonly funded with the minimum amount of premium to maintain the policy. Many of these policies that are 5 years or older were original illustrated with crediting rates that greatly exceed the policies' current rate of interest. When it is determined that the policy is in danger of lapsing, the advisor or trustee has traditionally been limited to two unattractive solutions - increase premium payments (and hopefully have sufficient Crummey beneficiaries to avoid gift tax consequences) or, if the policy holder is still insurable, apply for a new policy and transfer the remaining cash surrender value as a tax free 1035 exchange. Life settlement providers provide a third (and often more advantageous) exit strategy - sell the policy for its fair market value (in many cases a multiple of cash surrender value), and use those proceeds to fund a new policy. Retiring Business Owners/Executives. Business owner clients will likely have policies that were purchased for key-man protection or buy-sell purposes. Commonly, when these individuals retire or transition the business to a family member or purchaser, these policies are no longer needed. For this reason, these policies are usually allowed to lapse. These policies may have a value in excess of cash surrender value. Conclusion Anytime a client over age 65 is planning to surrender a policy, or allow it to lapse, there is possible life settlement option. The emergence of this market has provided attorneys and financial professionals with another "arrow in the quiver" 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 to help solve their clients' problems. Understanding why and when this transaction may benefit their client is the responsibility of all advisors that serve the senior market. As was concluded in an article in the Pennsylvania Law Weekly, "The attorney has an obligation to analyze the circumstances to determine if a life settlement is possible to gain the most for the client." 3 1 Real Property, Probate and Trust Journal, Vol. 38, Number 3, Fall "The Benefits of the Secondary Market for Life Insurance Policies" 2 Hal Singer, President, Criterion Economics, LLC and Eric Stallard, Research Professor and Associate Director of the Center for Demographic Studies at Duke University. "Reply to "The Life Settlement Market: An Actuarial Perspective of Consumer Economic Value"", November Pennsylvania Law Weekly, "An Often Overlooked Asset", January 2004 Joe Young and Patrick Duke are Principals of Chesapeake Financial Settlements, LLC, a life settlement broker based in Rockville, MD. They may be reached at or at jyoung@chesapeakefs.com and pduke@chesapeakefs.com. Please visit their website, for more information on the life settlement marketplace. Jay M. Eisenberg, Chair FAMILY LAW SECTION A short report for this month. A fond farewell from us and a warm welcome to your new Co-Chairs, Stephanie Fink and Lisa Segel! The 2006/2007 year will be a great one with their leadership and we encourage you all to be involved. Our Section is strong due to the consistent involvement, hard work and support of our members. Thank you to Bev Mondin and the Bar Association for all the assistance provided to our Section throughout the year. Thank you also to our wonderful speakers from Law Day! Carol A. Crawford, Dolores Ridgell and Devang M. Shah all gave us plenty of food for thought on wiretapping, spyware, computer crimes, the ethical aspects of our electronic world and the immigration concerns to watch out for when your divorce client is a noncitizen spouse. If you have any questions, comments, or suggestions, please feel free to contact either Stephanie at (301) 762-

15 OPEN LETTER TO THE MEMBERSHIP We are pleased to announce that The Montgomery County, Maryland, Bar Foundation Fall Outing and Tennis Charity Classic 2006 will take place on October 9, 2006 at Argyle Country Club. The Montgomery County, Maryland, Bar Foundation serves our community through charitable programs every year. We are pleased to announce that over the past 10 years, the Annual Golf and Tennis Charity Classic has raised funds for Pro Bono and the Community Programs including Mock Trial and the cable show Law School for the Public. 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 campaign for 2006 and need your help. 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): 4 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. Patron Sponsor ($2,500): foursome of golf, four for lunch, four for dinner (includes open bar), exhibit table on a tee, custom sign on a tee, listing in program as a prominent supporter, 2 block ad in the newsletter for 3 months, 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. 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, Spa Packages, Airline Tickets from travel agents, Golf Packages, Luxury Hotel Packages, Catering, Cruise Line Discounts, Sports Tickets, Summer Children's camps discounts, etc. THE COMMITTEE NEEDS YOUR HELP AND IT TAKES A MEMBERSHIP VILLAGE TO CRE- ATE A SUCCESSFUL CHARITY OUTING. Once you make the contact, call Jackie for follow up at or her at montcle@ix.netcom.com. Thank you for your assistance, Jim Hammerschmidt & Alison Rind, Co-Chairs

16 Fiscal Year Calendar ~ John C. Monahan, President MAY Annual Meeting and Law Day Celebration 11 5:30p.m. Budget Committee Meeting (Foundation) 22 5:00p.m. Executive Committee Social Get Together PGA Tour Grill, Rockville, MD 24 Bar Revue 29 Memorial Day HOLIDAY Bar Office Closed JUNE 9 7:45a.m. Bar Foundation Board of Directors Meeting 12 5:00p.m. 1 st Monahan EXECUTIVE COMMITTEE MEETING MSBA Annual Meeting Ocean City 27 7:45a.m. Committee/Section Chair Orientation JULY 4 Independence Day Observed HOLIDAY Bar Office Closed 10 5:00p.m. EXECUTIVE COMMITTEE MEETING July 22 MSBA Annual Crab Feast Edgewater, MD AUGUST 3-5 National Conference of Bar Presidents Hawaii 7-8 ABA House of Delegates 14 EXECUTIVE COMMITTEE MEETING SEPTEMBER 4 Labor Day HOLIDAY Bar Office Closed 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING 12 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 18 6:00p.m. Women s Bar Dinner Normandy Farms 21 Hispanic Bar Gala 22 Rosh Hashanah Begins at Sundown OCTOBER 3 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 6 Yom Kippur Begins at Sundown 9 Fall Outing 16 5:00 p.m. EXECUTIVE COMMITTEE MEETING Local Bar Presidents Conference Princess Royale Hotel and Conference Center, Ocean City, MD 27 9:30a.m. BAMC Blood Drive NOVEMBER 2 6:00p.m. J. Franklyn Bourne Bar Association Banquet 7 Election Day 13 5:00 p.m. EXECUTIVE COMMITTEE MEETING 14 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 23 Thanksgiving HOLIDAY Bar Office Closed 24 FLOATING HOLIDAY Bar Office Closed 28 5:30p.m. Professionalism Commission Report Meeting Circuit Court DECEMBER 4 7:30a.m. Committee for Montgomery Breakfast 5 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING 15 Hanukkah begins at sundown 22 FLOATING HOLIDAY Bar Office Closed 25 Christmas HOLIDAY Bar Office Closed 26 Kwanzaa begins JANUARY New Year s Day HOLIDAY Bar Office Closed 8 5:00 p.m. EXECUTIVE COMMITTEE MEETING 9 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 15 Martin Luther King Day HOLIDAY Bar Office Closed FEBRUARY 6 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 6-10 National Conference of Bar Presidents Miami 12 5:00 p.m. EXECUTIVE COMMITTEE MEETING ABA House of Delegates Miami 19 President s Day HOLIDAY Bar Office Closed 24-March 3 MSBA Mid-Year Meeting Dominican Republic MARCH 6 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 8-10 Bar Leadership Institute (President-Elect) Chicago 12 5:00 p.m. EXECUTIVE COMMITTEE MEETING 22 Strategic Planning Conference TENTATIVE APRIL 2 Passover begins at sundown 6 FLOATING HOLIDAY Good Friday Bar Office Closed 16 5:00 p.m. EXECUTIVE COMMITTEE MEETING 17 12:15 p.m. Bar Luncheon, Rockville United Methodist Church MAY Annual Meeting Marriott North Bethesda Hotel & Conference Center 28 Memorial Day HOLIDAY Bar Office Closed JUNE 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING MSBA Annual Meeting Ocean City Updated: May 17, 2006

17 Link your Web Page to the Bar Association Web Page With The Find A Lawyer Link If you are currently listed on our webpage, there is a FLAT $50 renewal fee. * * 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 Web Page to your Web Page. This effort will serve you in Print and Electronic Medium. Please indicate your areas of Practice below. A link from our webpage to your webpage 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 28, 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) Webpage Link Renewal Fee $ ** Please check all that you are currently listed in ** BAMC Web Site Link to Your Web Page $ Website: Initial Listing (for Directory and/or Website) $ Additional Listings at $10 each $ TOTAL Amount Enclosed $ RETURN BY JULY 28, (If you have any questions regarding the web link, call Bev Mondin at ) Office Code A/4099

18 2006 Annual Meeting The Head Table: Brad Bernstein, Dr. Moreno Carrasco, Rachel McGuckian, Judge Patrick Woodward, Judge Andrew Sonner, Judge Charles Day, Robert Hetherington, Judge Ann Harrington, John McCarthy, Paul Kemp, Judge Joseph F. Murphy, Jr., John Monahan, Judge Irma Raker, Judge Roger Titus, Judge Mary Ellen Barbera, Judge Eugene Wolfe, Richard Stolker John McCarthy presents the Certificates of Achievement to the Richard Montgomery High School Mock Trial Team Paul Kemp presents the Gavel to John Monahan for Judge Joseph F. Murphy, Jr. delivers his keynote speech at the conclusion of the Annual Meeting Robert B. Hetherington, Law Day Program Chair, John J. McCarthy, Bar Foundation President, Paul F. Kemp, Outgoing Association President, Beverly C. Mondin, Executive Director and John C. Monahan, Incoming Association President Judge Charles Day speaks about Diversity after receiving the 2 nd Annual Execellence in Diversity Outreach Award Paul Kemp presents Pro Bono Contested Custody Awards to John M. Green, Zionne Akpan, Daryl W. Price and Eva Xu Judge Nelson Rupp announces Alice Bunnie Boswell as the recipient of the Presidents Citation for Outstanding Service

19 & Law Day Celebration Jennifer Forquer and Carlos Lastra, Co-Chairs of the Family Law Section, receive Section Chair of the Year Awards David Pordy receives a Section Chair of the Year Award for 15 years of outstanding service as Chair of the Law Firm Management Section Larry Ceppos receives the Association Committee Chair of the Year Award for his outstanding service as Chair of the Judicial Selections Panel Committee Alice Bunnie Boswell receives the Presidents Citation for Outstanding Service Award Judge Murphy presents the School Mock Trial Trophy to Dr. Moreno Carrasco, Principal of Richard Montgomery High School Jim Hammerschmidt and Alison Rind, Co-Chairs of the Fall Outing Committee, receive Foundation Committee Chair of the Year Awards Kim Viti Fiorentino accepts the Pro Bono Guardianship Program Award for Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Dan Shea, Chair of the Continuing Legal Education Committee, receives a Foundation Committee Chair of the Year Award Trish Weaver, Co-Chair of the Fee Dispute Resolution Committee, receives an Association Committee Chair of the Year Award

20 Thank you to our 2006 Law Day Exhibitors!