THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD BAR REVUE 2006

Transcription

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 53, Issue 11 May 2006 PRESIDENT S REPORTTO THE MEMBERSHIP "The Grass is Green," right here where we practice. This Bar Association is blessed with incredible volunteers in our Bar Association and Bar Foundation. I would encourage each and every one of you not to hesitate to becoming involved. The networking is particularly helpful in many ways for many lawyers - Just ask the Judges, the State's Attorneys, the Public Defenders and the County attorneys. "Young attorneys do not hesitate to become involved. The opportunities for involvement are not only in the Bar Association, but also in the Community through the Bar Foundation. John C. Monahan will become your new president of the Bar Association at the Annual Meeting on May 5th and I will become President of the Bar Foundation and we welcome your s and phone calls to become involved. You may also contact Bev Mondin at bevmv@ix.netcom.com and discuss with her what Committee, Section, or Event in which you would like to become involved. Please plan to attend the Annual Meeting and the Bar Revue (our Comedy, Variety Show) written and performed by our attorneys and Judges. See the inserts inside this Newsletter. As part of this article I am including a Report to the Membership on our Committee's and (Continued on page 4) BAR REVUE 2006 May 24, 2006 ~ 5:30 p.m. F. Scott Fitzgerald Theatre Rockville Civic Center 603 Edmonston Dr., Rockville, MD ~ It s Show Time Make your reservations today for the Montgomery County Bar Foundation Bar Revue on May 24th. Dinner will be catered by Red, Hot & Blue and will start at 5:30pm followed by the show at 8:00pm. Come and join your friends and colleague for a great night of entertainment! You will not want to miss your Judges and colleagues as they perform skits, songs, and dances, which they have personally written and choreographed. Please support the Bar Revue with your attendance and/or sponsorship. Broadway Sponsorship entitles you to 10 tickets for $ and our Off-Broadway Sponsorship entitles you to 6 tickets for $ Because your contribution will go to the Bar Foundation for the Pro Bono Program, you will be able to list part of the donation on the Annual Pro Bono Reporting form. Individual tickets are $38.00 which includes dinner, drinks, show, and other expenses. ~ See Insert For Registration Form ~ 2006 SOFTBALL SEASON The Bar Association Softball League kicked off the 2006 season with two thrilling games, new team uniforms, professional umpires, and even a new team. The Court Clerks renamed DENIED matched up in the first game of the year against the quintessential "Big Dog on the (Continued on page 8) 112 TH ANNUAL MEETING & LAW DAY CELEBRATION May 5, 2006 ~ 8:00a.m.-2:30p.m. Keynote Speaker: Joseph F. Murphy, Jr., Chief Judge Court of Special Appeals of Maryland NEW LOCATION THIS YEAR: Bethesda North Marriott Hotel & Conference Center 5701 Marinelli Rd. North Bethesda, MD SEMINARS BEING PRESENTED: Navigating the Treacherous Waters of Our Electronic World What You Don t Know About Immigration and Divorce Can Hurt Your Client Lawyer as an Employer The Matrix: Immigration Issues at the Crossroads of Your Criminal Case Electronic Discovery and the 2006 Amendments to the Federal Rules of Civil Procedure Guardianship Litigation Issues Tax Issues Related to Business Valuations and Divorce Integrating Dispute Resolution Processes for Business Clients For Registration... See Insert This Issue PLEASE NOTE: The hotel is giving BAMC Law Day attendees a discount on parking for the day. The cost for parking will be $4.00, payable by each attendee. Inside This Issue... Advertisers Index page 25 Judges Schedules page 27 Attorney Positions page Juvenile Schedule pages 26 Bar Calendar page 28 Legal Announcements pages 22 Committees & Sections pages 16 President s Report pages 1 & 4-8 Current Update pages 9 State s Attorney s Schedules page 26

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) Kathy } 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) ~ Reserve Your Spot ~ 2006 Annual Meeting & Law Day Celebration Friday, May 5, 2006 LEGAL ETHICS HOTLINE Louis S. Pettey - (301) Allen J. Katz - (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: Paul F. Kemp President-Elect: John C. Monahan Treasurer: Richard S. Stolker Treasurer-Elect: Robert B. Hetherington Secretary: Richard H. Melnick Past President: John J. McCarthy Executive Director: Beverly C. Mondin EXECUTIVE COMMITTEE Hon. Michael J. Algeo Daniel M. Kennedy, III George E. Simms, III Bradford S. Bernstein Michael J. McAuliffe Jeffrey Van Grack Audrey A. Creighton Master Joan E. Ryon Patricia M. Weaver Neil I. Jacobs Nancy A. Sachitano Vincent M. Wills New Practitioners Co-Chairs: Omolade R. Akinbolaji & Marjorie P. DiLima COMMITTEE CHAIRS Assoc./Found. Ann. Mtg. & Law Day Robert B. Hetherington, Chair (301) Bench/Bar-Circuit Patricia P. Via, Chair (240) Bench/Bar-District Court Reginald W. Bours, III, Chair (301) Fee Dispute Resolution Ronald S. Canter, Co-Chair (240) , David L. Rubino, Co-Chair (301) & Patricia M. Weaver, Co-Chair (301) Interprofessional John M. Quinn, Chair (301) Judicial Selections Larry A. Ceppos, Chair (301) Thomas D. Murphy, Vice Chair (301) 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 Laurel N. Anchors, Co-Chair (301) & VACANT, Co-Chair Nominations & Elections Nancy A. Sachitano, Chair (301) Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair (240) Designated Conciliator Program Gary W. Diamond, Chair (301) Technology Morton J. Frome, Chair (301) 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 Ronald M. Levin, Chair (202) Business Law Edward E. Sharkey, Co-Chair (301) & Matthew J. Downs, Co-Chair (301) Commercial Litigation Steven Gould, Co-Chair (301) & Jeffrey M. Schwaber, Co-Chair (301) Criminal Law Eun K. Cho, Co-Chair (301) & Carol A. Crawford, Co-Chair (240) Employment Law Scott A. Mirsky, Co-Chair (301) & Rosanna C. Lopez, Co-Chair (301) Estates & Trusts Jay M. Eisenberg, Chair (301) Family Law Jennifer A. Forquer, Co-Chair (30) & Carlos M. Lastra, 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 Debra S. Grimes, Co-Chair (240) & Maura L. Lynch, Co-Chair (240) Law Firm Management David A. Pordy, Chair (301) New Practitioners Omolade R. Akinbolaji, Co-Chair & Marjorie P. DiLima, Co-Chair (301) Mentor/Mentee (sub of New Practitioners) - Ilana Cohen, Chair (240) Chamber Chats Ivonne C. Lindley, Chair (301) Personal Injury Litigation Michael V. Nakamura, Co-Chair (Plaintiff) (301) & John J. O Neill, Co-Chair (Defense) (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 Mary B. Buonanno, Co-Chair (301) & Wendy B. Karpel, Co-Chair (240) 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 Daniel L. Shea, Chair (301) 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 Richard E. Schimel, Chair (Public Division) (301) & William F. X. Becker, Chair (School Division) (301)

3 Pilot Program for Circuit and District Courts PAGE 3 ANNOUNCING A JUDICIARY CUSTOMER SURVEY ON ACCESS & FAIRNESS IN THE MARYLAND COURTS For quite some time, Chief Judge Bell has concentrated considerable attention and resources on enhancing the public's access to the Maryland courts. As part of this on-going effort, the Maryland Judicial Council has initiated a pilot program to identify the extent of the public's accessibility to the judicial system. This new initiative seeks to complement the Judiciary's continuing efforts in this area and will focus specifically on the access to and fairness of our trial courts. The pilot programs will take place in the Circuit and District Courts in Howard and Montgomery Counties. It will utilize a methodology developed by the National Center for State Courts and as adapted by the Judicial Council for use in our courts. It will involve a short written survey consisting of concise questions to be administered by court staff to customers exiting the respective court facilities over the course of a typical day. The Montgomery County Circuit Court will have volunteer staff positioned at the Monroe and Maryland Avenue doors requesting all persons departing the Judicial Center to complete a survey on June 9th and June 12th. When the surveys have been completed and collected, the Administrative Office of the Courts will analyze the information and share those results with the pilot courts for comments and suggestions on how to Bulletin Board & Future Calendar May 5, 2006 ~ Annual Meeting & Law Day Celebration... Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Rd., North Bethesda, MD RESERVE YOUR SPOT NOW. See Insert This Issue. May 24, 2006 ~ 2006 Bar Revue... 5:30p.m. ~ F. Scott Fitzgerald Theatre. RESERVE YOUR SPOT NOW. See Insert This Issue. June 27, 2006 ~ Committee/Section Orientation ~ 7:45a.m. ~ Bar Association CLE Classroom... For all Committee and Section Chairs and Co-Chairs... Information will be sent out at a later date. October 27, 2006 ~ Bar Association / Red Cross Blood Drive Do you need materials from our Fall CLE Breakfasts & Seminars? For information call Jackie in the CLE office at (301) Please feel free to send your newsletter submissions via to barmont@ix.netcom.com. improve access and fairness in the court. A subsequent report will be prepared for the Judicial Council that will include the pilot results, as well as specific recommendations relating to the methodology and survey. In anticipation of your continued cooperation, we thank you. The Hon. Ann S. Harrington PROPERTY REVIEW BOARD After 16 years of service, the Honorable Joseph Mathias is stepping down as a member of the Property Review Board. The Circuit Court is seeking this replacement. Appointment Available: Property Review Board Background: The Board consists of three members: a farmer, an engineer and a lawyer. The Board averages 8 to 10 hearings per year. The pay is $75 per day for the Board Chair and $70 per day for the other two members. The Board s goal is to settle property disputes that would otherwise be filed with the Court as a Condemnation Jury Trial. Contacts: The Honorable Ann S. Harrington Attn: Debbie Bennett 50 Maryland Ave., Suite 312 Rockville, MD (240) Annual Meeting & Law Day Celebration Friday, May 5, 2006 Marriott Bethesda North Hotel & Conference Center ~ See Insert This Issue ~ WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

4 PAGE 4 PRESIDENT S REPORT, cont d (Continued from page 1) Sections. Look for your area of practice and become involved. Thank you for the opportunity and privilege of serving as your President for I send each of you my very best in your practice and future participation in your Bar Association. Paul F. Kemp Circuit Court Bench Bar - Patricia P. Via, Chair The Committee worked with The Honorable Ann Sundt and co-sponsored and organized a program entitled "ADR Today The Court's Perspective." The program speakers were Circuit Court Judges and Masters, local practitioners and courthouse professionals, who discussed a variety of issues relating to alternative dispute resolution. The program was well-received. As for the Committee meetings, the group has had a fair amount of discussion on court procedures and practices. These open discussions have allowed for a good exchange of information in an effort to address important issues affecting the practice of law in the Circuit Court. The Committee is rescheduling "Circuit Court Night" for the fall and possibly combining it with another event of another committee or section, e.g., the District Court Bench Bar or the New Practitioners. Attorneys should be reminded that they may contact their respective section or committee chairs with appropriate issues that they would like to be addressed by the Circuit Court Bench Bar Committee. Also, attorneys can contact the Circuit Court Bench Bar Committee WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. chair directly if they want to bring a matter before this Committee for discussion. Fee Dispute Resolution Committee - Ronald S. Canter, David L. Rubino and Patricia M. Weaver, Co-Chairs The Committee submitted revisions to the Fee Dispute Rules to the Executive Committee modifying jurisdiction of committee, whereby claims between $1,000 and $5,000 are submitted for mediation and claims over $5,000 are heard by a single arbitrator. The Committee has experienced a significant reduction in membership. We are faced with a crisis situation and cannot timely refer cases to arbitration. We need 15 new members at a minimum. Also, we would like to solicit our retired Judges and retired Masters to serve as arbitrators. This would help reduce our backlog. Judicial Selections Panel Committee - Larry A. Ceppos, Chair The Committee oversaw the 120th and the 121st Referendums for 3 (and ultimately 4) Circuit Court vacancies. Panel members interviewed candidates; counted ballots; and, met to render the panel vote. The gargantuan amount of volunteer time amounted to nearly $80,000 and hard cost was $5,000. Legal Ethics Committee - Jeffrey M. Axelson and Samuel M. Shapiro, Co- Chairs Committee members continue to provide information to the members and to the public through the provision of the hotline and the written inquiries. We have continued to provide advice to our Bar members on preventing violations of the Rules of Professional Conduct. We provide instantaneous advice to attorneys and the public on prospective conduct. In our monthly meetings we focus on providing advice to those who submit written inquiries. Additionally, questions of notable importance which have been addressed in the hotline are brought to the committee's attention. The Committee continues to prepare articles on ethical issues for publication in the Bar Newsletter. Although attendance for the Law

5 PRESIDENT S REPORT, cont d PAGE 5 Day ethical seminars have been standing room only for the last several years, the Ethics Committee is not per se participating in the seminars this year, instead, we will be contributing as a small part to several of the other seminars. Professionalism & The Quality of Life Committee - Karen L. Federman Henry, Chair The programs were a great hit, with 25 to 30 members attending the Fall Ethics Program and over 15 attending the Spring program on Quality of Life. It seems that there is renewed interest in the Committee. The Committee should continue to hold a Fall program on Ethics issues and a Spring program on the Quality of Life. In addition, the Committee may take on a role in promoting professionalism once the Court of Appeals Professionalism Committee issues its report later this year. We would like the BAMC President to persuade a judge (sitting or retired) or two to join the Committee. As the Committee moves forward, it is important that it not lose sight of the Quality of Life component. It will be all too easy to focus only on professionalism and civility, and the Committee needs to address both elements. Alternative Dispute Resolution Section - Robert L. Baum and Ellen Kandell, Co-Chairs We revised the BAMC arbitration rules and application, publicized the program, and developed a system for maintaining the roster. We also co-sponsored and helped organize the highly successful "ADR in the Courts." In the Collaborative Law area, we generated significant interest in the field, worked successfully with non-lawyers (e.g. financial planners, therapists) to "get the word out" and begin collaborative law cases in the County. People attend bar meetings to gain information to benefit their clients. A mediator's clients are the parties. In the arbitration area, we just need to publicize the program more. In the collaborative law area, we have gotten around the fact that nonlawyers cannot be members of the BAMC by working closely with a local non-profit collaborative law group (Maryland Collaborative Dispute Professionals, Inc.). It has not been a practical problem in terms of the two groups working well together and jointly supporting collaborative law. We will continue to offer educational programs, particularly in the areas of arbitration and collaborative law. We will be having trainings in each area to increase the number of practitioners qualified in those areas. Commercial Litigation Section - Steven Gould and Jeffrey M. Schwaber, Co-Chairs The principal accomplishment this year was the E-Discovery CLE, presented by Judge Mason and U.S. Magistrate Judge Paul Grimm. It was a fascinating and very well attended presentation, which included Virginia CLE credits. On April 19, 2006, the section cosponsored a program with the Business Law Section, titled Corporate Control and Minority Rights, featuring Glenn Cooper as the presenter. The Section will hold a CLE on May 16, 2006 titled Tips for Maryland Lawyers About Virginia Practice. We are formulating the concept of a section newsletter. The section also provided information about E-Discovery and Electronic Presentation of Trial Evidence. Criminal Law Section - Jeannie K. Cho and Carol A. Crawford, Co- Chairs The Section has been able to schedule some excellent speakers, including The Honorable Joseph Murphy, The Honorable Mary Ellen Barbera, the Honorable Peter Messitte, The Honorable Patrick Woodward and others. We have provided quality presentations and excellent handouts for the practitioners. We suggest that the section do a survey of the criminal practitioners to gain insight into practitioner needs. We solicited participation in our events, but still feel that turnout could be increased. At this time, with every available moment of the day already taken, we need to provide an attractive service that fits ones' specific needs. Employment Law Section - Scott A. Mirsky and Rosanna C. Lopez, Co- Chairs Building on the previous year's success, we have further established the Section as a viable group within the Bar Association. Our meetings this year have included the following: (1) Roger Campbell, Assistant Chief of MOSH (Maryland Occupational Safety Health) Compliance Service, who discussed various issues surrounding employer compliance with a MOSH investigation; (2) Tiara Jackson, the Intake Supervisor at the Washington Field Office of the EEOC, who discussed the intake, evaluation, and investigative process at the Washington Field Office and provided the attendees with several practice tips for bringing or (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

6 PAGE 6 PRESIDENT S REPORT, cont d (Continued from preceding page) defending claims before the EEOC; (3) Joyce Ann Mitchell, who provided the attendees with a short practice guide regarding the mediation process. Our section recognized the importance of ADR in the resolution of employment disputes and the Section was pleased that Ms. Mitchell was able to share her experience with us; (4) Amy Muhlendorf, Associate General Counsel for Booz Allen & Hamilton, spoke to our Section regarding how inhouse corporate counsel handles labor and employment disputes and how it responds to demand letters and the threat of litigation. By inviting this speaker to our Section meeting, we were able to meet one of our goals of encouraging more interaction between members of our Section with in-house counsel who focus on employment law issues; and (5) Liza H. Gold, MD, who spoke to our Section on the role and use of psychiatric experts in employment litigation. Our Law Day breakout will focus on the use and handling of computer data in connection with employment-related matters. Estate & Trust Law Section - Jay M. Eisenberg, Chair This years meetings included the following topics and speakers: (1) Meet the Register of Wills and His Top Staff with Joseph Griffin, Register of Wills; (2) Circular 230 for Estate Planners with David Borinsky, Esquire and Gordon Feinblatt; (3) Estate Planning in Maryland in a Decoupled World with David Forrer, Esquire; (4) Fill Your Sales Funnel with Terry Nicholetti, Washington Business Journal; (5) Discussion of Heckerling Institute on Estate Planning; (6) Estate Planning for Parents of Children with Life Long Disabilities with Evan Krame, Esquire; (7) Trust Owned Life Insurance with Michael Brohawn, CFP, CLU, Senior Director of Advanced Markets for BISYS- Potomac; and (8) Estate Planning for Same Sex Couples with Joseph Kapp, Lincoln Financial Advisors. By the end of May, the section will have presented 10 Seminars to assist the Estate, Trust & Wills practitioners. Family Law Section - Jennifer A. Forquer and Carlos M. Lastra, Co- Chairs The average attendance at most of our section meetings is members. This year, we continued the Section's programs with the Women's Commission and the Gilchrist Center by providing speakers on the law relating to domestic issues. We also continued the Section's support of the Pro Se Project, with Bonnie Montgomery and Diana Metcalf heading the committee that organized and coordinated volunteers to work at the Pro Se Project during times of need. The Section, along with Family Division Masters and Judges from the WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

7 PRESIDENT S REPORT, cont d PAGE 7 Circuit Court and Court of Appeals, hosted the Annual Wine and Cheese with the Judges and Masters in February. The Section, in collaboration with the Circuit Court Bench Bar Committee, The ADR Section and the Criminal Law Section, presented and organized the program "ADR Today: The Court's Perspective." We organized 4 breakfast CLE's with Family Division Judges as presenters and held 5 CLE evening programs. For each monthly Section meeting we had guest speakers present on various topics that were useful to our membership in their practice under our theme for the year, "Lawyers as Problem Solvers." Our Section also took a position supporting the legislation drafted to deal with the repercussions of the Court of Appeals decision in Fox vs. Wills. Our Legislative Committee Chair, Lindsay Parvis, organized testimony in support of bills submitted to the Maryland legislature on the Guardian ad Litem immunity issue. The Section strives to keep our members aware of pending legislation and presenting the opinion of our Section on such legislation with the approval of the Executive Committee. We plan to continue presenting interesting and useful programs to assist our members in their practices, and to encourage the participation of all our members, veterans, and newer attorneys, in these programs. The Section feels there is a need to promote greater mentoring between veteran attorneys and newer lawyers. Stanley on Deferred Compensation and Retirement Enhancement Strategies; (2) a presentation by Optimal Networks on Strategic Technology Investment; and (3) a presentation by a nationally recognized expert on legal malpractice avoidance and legal malpractice insurance. The Section strives to help attorneys with everything they need to know about how to run their firm to maximum efficiency and profitability while serving the profession and the community. Personal Injury Litigation Section - Michael V. Nakamura and John J. O'Neill, Co-Chairs The Section strives to increase the civility between the plaintiffs and defense bar by fostering of the civility and image of litigators. We will continue our efforts to attract top speakers and to stress holding CLE programs rather than monthly meetings. The Section feels a need for public awareness of the cost and efforts involved in litigation versus the need for legitimate recovery of damages. Real Estate Law Section - Jerry R. O'Conor, Chair Our Section meeting participants are drawn from a larger, more diverse pool (younger and older practitioners from a variety of firms). The quality of discussion following presentations has improved as well (or perhaps as a result). We will continue to encourage individuals to attend and request help and suggestions for topics and speakers from other Section members to assist our colleagues. Workers Compensation Law Section - Mary B. Buonanno and Wendy B. Karpel, Co-Chairs In February, Dr. Joel Fechter, David Galinis, Esquire and David Schoenfield, Esquire participated in a panel discussion on "How to Avoid Over Treatment." In (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. Federal Practice Section - Charles F. Chester and Lawrence R. Holzman, Co-Chairs The Section held a well attended CLE last fall where The Honorable Deborah K. Chasanow and The Honorable William G. Connelly were the speakers. We think the Section needs to hold joint programs with other Sections. There is room for overlap (i.e., employment, criminal, etc). There needs to be a "substantive area" of law to draw members. The Section feels it is important to cover the topic of Motions Practice in Federal Court Versus State Court. Law Firm Management Section - David A. Pordy, Chair The Section held the following programs: (1) a presentation by Morgan

8 PAGE 8 PRESIDENT S REPORT, cont d (Continued from preceding page) March, Chris Hinrichs, Esquire and Phil Armstrong, Esquire spoke on strategies for pursuing a third party/subrogation case in the workers' compensation context. Our final meeting was a luncheon with the Workers' Compensation Commissioner, Lauren Sfekas. We hope to achieve an important accomplishment this year by working with the Circuit Court Bench Bar Committee. We are close to the elimination of the Pre-Trial Status Conferences for Workers' Compensation Circuit Court de novo trials. We also are attempting to coordinate an educational outreach to those members of the Bench unfamiliar with workers' compensation law. We plan to invite the new Chairman and the newly appointed Commissioners to the Workers' Compensation Section meetings. We want to also invite members of the Montgomery County Circuit Court Bench to advise on what we can do to make workers' compensation issues more understandable to the jury. We feel the Section needs to continue to update its members on the new case law that is issued by the appellate courts and review the new bills that are being introduced at the Maryland state legislature. We need to keep our members updated on any changes at the Commission. This Section is needed to ensure that claimant and defense counsel come together in a neutral arena to discuss the law from different perspectives and to ensure collegiality in this small community of lawyers. WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. SOFTBALL... (Continued from page 1) Block" Civil Defense [aka McCarthy Wilson]. Displaying the fire that led them to the 2004 League Championship, Civil Defense jumped to the early lead 8-2 bolstered by hitting prowess of league all-stars Andre Forte and Scott Nelson. However, the young and ambitious law clerks were not overwhelmed by the fast start of Civil Defense and began inning by inning to scratch away at the lead. As the top of the 5th inning approached they found themselves down by two runs. After two easy outs, they strung together three singles to load the bases. It was at this very moment Judge David Boynton strolled to home plate, surveyed the pressure packed situation, and after looking at two pitches, stroked a "no doubt about it" grand slam to put Denied up by two. Unfortunately, this would not be the first victory for Denied as Civil Defense would prevail rallying to take the first game. A special mention must be made of the impressive team uniforms created by Denied team captain Tim Fischer. Also, a big thanks to Judge Boynton and Judge Greenberg for playing. We hope to see more judges in the future. Who is next? The second game matched Paley Ale [aka Paley Rothman and Lerch Early] against Res Ipsa Loquitur [formerly known as North Adams]. Paley Ale jumped to an early lead over the defending champions 6-3. In spite of this deficit, Res Ipsa erupted in the third inning with a seven run offensive onslaught culminating with back to back home runs by Josh Gree and Craig Silverman. They added to this lead and cruised into the top of the seventh inning with a commanding 13-6 lead. Things would not end so easily, as Paley Ale put on a hitting clinic of their own, taking the lead by one going into the bottom of the seventh. Res Ipsa calmly handled the pressure and scored two runs to win by one. If the first two games are any indication of the caliber of play, we are off to a great start. Additionally, we will have certified ASA referees to officiate the league games for the first time since Deane Shure was the league director. I can't even remember back that long ago. Also we welcome one new team Baseless Claim [aka Selzer Gurvitch Rabin & Obecny, Chtd.] led by Meredyth S. Cooper. Chip Lipscomb, League Director

9 CURRENT UPDATE CIRCUIT COURT FAMILY DIVISION Family Division Open Motions Reminder Please follow up on motions that you have filed with the court. If a motion is past ripe and you have not received a ruling, please inquire with the court as to the status of the motion. Similarly, if you have filed a motion that you no longer wish to pursue, please file a line to withdraw the motion. To check on the status of a motion please call the Clerk's office at or the Family Division at 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, 2005, through June 30, 2006, so payment can be made in early July. Pro Se Clinic In an effort to better serve its clients, the Pro Se Clinic has obtained the services of an interpreter on a regular basis. This service began on Wednesday, April 12th. A Spanish-speaking interpreter is now available every Wednesday from Noon to 4:00 p.m. Madeleine Jones SCHOOL MOCK TRIAL COMPETITION We would like to thank the following attorneys who acted as Judges in the playoffs of this year's competition. Jay Bernstein David Lease James Brault James Mood Audrey Creighton John Murphy Thomas Degonia Patricia Weaver Karen Ferretti Robert Weinberg Andre Forte We would also like to thank the following Judges who handled the finals of this year's competition: The Honorable S. Michael Pincus The Honorable John W. Debelius, III Thanks to everyone for your time and assistance. Looking forward to next year. Rachel T. McGuckian, Co-Chair Bradford S. Bernstein, Co-Chair LAWYERS' LITERARY CIRCLE This month, the Lawyers' Literary Circle (just a fancy name for a book group) will celebrate its 13th Anniversary. That is a long time for any group to have been continuously meeting. On May 11, 1993, ten Montgomery County lawyers met in the party room of the Jefferson Building to discuss Memories of the Ford Administration, by John Updike. Those original members included Bob Dean, Jim Demma, Mark Goldstein, Peter Greenburg, John McCabe, Pat McKeever, Carole Perez, Paul Wiesenfeld, Joanne WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. Your Business Can Benefit From Our Total Business Solutions Eileen Porras Business Consultant Sandy Spring Bank works with your business as a true financial partner. We ll recommend a full range of solutions designed to help you achieve your business objectives, all based on a sound understanding of your business. For More Information Contact: Eileen Porras ext eporras@sandyspringbank.com PAGE 9 Wills, and the late Bob Jacques, who was sometimes referred to as the "soul" of the Bar Association. On May 18th, we will be discussing The Lady and the Unicorn, by Tracy Chevalier, a very bewitching medieval mystery behind some of the art world's great masterpieces that hang today in the Cluny Museum in Paris. If you wish to join our group and everyone is welcome just show up for one of our meetings, which are most always held in the offices of Miles & Stockbridge, 11 North Washington Street, Suite 700, Rockville, Maryland 20850, at 4:30 in the afternoon. If you have any questions about our group, please give me a call. Jim Demma, (301) MONAHAN PARTICIPATES IN ABA BAR LEADERSHIP INSTITUTE Joining nearly 300 leaders of lawyer organizations from across the country at the American Bar Association s Bar Leadership Institute (BLI), March 9-11 was John C. Monahan of Rockville, MD, President-Elect of the Bar Association of Montgomery County. The BLI is held annually in Chicago for incoming officials of local and state bars, special focus lawyer associations, and bar foundations. The seminar provides the opportunity to confer with ABA officials, bar leader colleagues, executive staff, and other experts on the operation of such organizations. Monahan joined ABA President Michael S. Greco of Boston, MA, and ABA President-Elect Karen J. Mathis of Denver, CO, in sessions on bar governance, finance, communications and planning. Various ABA entities briefed the participants on resources available from the ABA for local, state, national, and specialty bar associations and foundations. The BLI is sponsored by the ABA Standing Committee on Bar Activities and Services and the ABA Division for Bar Services as part of the association s long-standing goal of fostering partnerships with bars and related organizations nationwide. Cooperating ABA staff entities including the Division for Media Relations and Communications Services.

10 PAGE 10 COMMITTEES & SECTIONS CINA/DELINQUENCY BROWN BAG BENCH BAR MEETINGS May 18, 2006 Sept. 21, 2006 June 14, 2006 Oct. 18, 2006 July 20, 2006 Nov. 16, 2006 Aug. 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 MEETING DATES May 3, 2006 All meetings will be held on the 1st Wednesday of the month at 8:00a.m. in the Administrative Judge s Conference Room in the Circuit Court building in Rockville. The following matters are brought to your attention: All attorneys are advised that the sniper trial will begin May 1 and is scheduled to last four to eight weeks. This trial is surely to impact on the amount of people coming into and out of the Courthouse during that time period. There will be extra security during this time. Therefore, all attorneys are advised to let their clients know about this trial so that they can give themselves sufficient time to clear any extra security and the long lines getting into the Courthouse. Attorneys will still be able to use their badges to access the Courthouse. The Circuit Courthouse is involved 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 in a program to make the Courthouse more user-friendly to the public. In June, surveys will be given to members of the public exiting the Courthouse to detail their experiences with the process with regard to friendliness and access. I want to take this opportunity to thank all the members of the Committee who have helped in fostering communications between the bench and the bar by attending those early morning meetings and bringing to the Committee's attention issues and problems that affect all of us in the practice of law. I have enjoyed my role as the chairperson of this Committee, which has allowed me the opportunity to provide some small service to the Bar Association. It has been a wonderful professional and personal experience. 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 will be sponsoring an exciting CLE program, Navigating the Unpredictability of Virginia s State Courts, on May 16, 2006, from 8:30-11:30a.m. More information regarding the speakers and other details will be circulated through the listserv in the near future. Steven Gould, Co-Chair Jeffrey M. Schwaber, Co-Chair BAIL BONDS 24 HOUR SERVICE PANTAZES BAIL BONDS 77 South Washington Street Rockville, MD 20850

11 COMMITTEES & SECTIONS PAGE 11 DISTRICT COURT BENCH BAR COMMITTEE MEETING DATES May 4, 2006 The next Meeting is Thursday, May 4, 2006, 8:00 a.m., in 4th Floor Conference Room at the Rockville District Court location. Members with questions or suggestions are encouraged to them to Reg Bours at Reginald W. Bours, III, Chair EMPLOYMENT LAW SECTION We would like to thank Liza H. Gold, MD, for speaking at our April Section Meeting. Also, we would like to thank the law firms of Bromberg Rosenthal LLP and Farber Rubin, LLC for allowing us to have our Section meetings in their respective conference rooms and for providing breakfast for all attendees. Scott A. Mirsky, Co-Chair Rosanna Lopez, Co-Chair been so generous in offering of their time and experience to help out at the Pro Se Project so far in 2006: Lade Akinbolaji, Judi Amick, Laurel Anchors, Brian Barke, Ken Barnhart, Dawn Bowie, Barbara Bullman, Mike Callahan, Douglas Cohn, Heather Collier, Mary Ellen Flynn, Jennifer Forquer, Mare Fox, Jerry Gudis, Hadrian Hatfield, Cassie Hicks, Heather Hostetter, Jonathon Issacs, Sharon Johnson, Lily Khozeimeh, Sherry Leichman, Anne LoPiano, Susan Magazine, Mary McCarthy, Diana Metcalf, Marcia Mills, Alex Morrow, Judy Mustille, Virginia Nuta, Lindsay Parvis, Donna Rismiller, Louise Rodriguez, Kathy Salamat, Jill Savedoff, Edythe Schneider, Lenore Schneiderman, Louise Schwartz, Mike Subin, John Thyden, Joan Weiss, and Donya Zimmerman. As always, the Pro Se Project still needs your assistance so be sure to stop by after a court appearance to help out or let Bonnie or Diana know when you can fill in. You can contact Bonnie at bjmontgomery@msn.com and Diana at metcalf_law@yahoo.com. As a reminder, the Gilchrist Center is still looking for volunteers to speak at the family law seminars taking place on May 11, 2006 (Custody, Visitation and Support), October 12, 2006 (Grounds for Divorce, Marital Property and Alimony) and December 14, 2006 (Custody, Visitation and Support). Please contact Rahul Kishore if you are interested. The seminars commence at 6:30 p.m. and run for about 90 minutes to 2 hours, depending on the numbers in attendance. The seminars take place at the Gilchrist Center for Cultural Diversity, Elkin Street, Wheaton, MD This is a great opportunity for anyone looking (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. FAMILY LAW SECTION MEETING DATES Spring has finally sprung and now it is time to put on your summer clothes, kick up your heels and enjoy time with your friends and family. There are no Section meetings or events planned until things start back up in the fall (September). We wanted to let you all know that we really enjoyed being Section Co-Chairs this year and to say thank you to everyone for making it such a wonderful year. Some specific recognition is in order! Thank you to our Committee Chairs for the great jobs they did this year: Bob Baum, Robert Eustice, Hadrian N. Hatfield, Heather Q. Hostetter, Lili Khozeimeh, Rahul Kishore, Sherry Leichman, Linda Matisans Linden, Shelly D. McKeon, Diana Metcalf, Bonnie Montgomery, Carren Oler, Karen Robbins, Brian Sadur, Heather L. Sunderman and Vince Wills. Thank you also to all of our members who volunteered of their time and experience at various CLE's and other events throughout the year. We could not have done it without you! Thank you also to everyone who has

12 PAGE 12 COMMITTEES & SECTIONS (Continued from preceding page) to market themselves, put in pro bono hours and provide valuable legal services to the public. Rahul can be reached at Shah & Kishore - (301) or kishore@shahandkishore.com. As always, if you have any questions, comments, or suggestions, please feel free to contact either of us! Jennifer A. Forquer, Co-Chair Carlos M. Lastra, Co-Chair FEDERAL PRACTICE SECTION The Federal Practice Section will hold year end meeting on Wednesday, May 3, 2006 in the Bar Association CLE Classroom at 6:00p.m. Members and participants will be asked what they want the section to accomplish over the next year, and how often to meet. Because of the overlap with so many other areas of law practice, members of other sections are encouraged to participate, from criminal to bankruptcy to health care. eg. anyone practicing any area of law in federal courts. Charles F. Chester, Co-Chair Lawrence R. Holzman, Co-Chair INTELLECTUAL PROPERTY & TECHNOLOGY LAW SECTION MEETING DATES May 9, 2006 All meetings will be held on the 2nd Tuesday of alternating months at 8:00 a.m. in the Conference Room of the Bar Association Building, unless otherwise noted. Jeffrey I. Auerbach, Co-Chair Eric J. Von Vorys, Co-Chair WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. PROFESSIONAL PROCESS SERVING, INC. CIRCLE TREATMENT CENTER Congress Drive Rockville, MD Fax: (301) (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 18 Years of Service Janet M. Shipe, Director Twenty One Years of Superior Service To The Community * DWI Evaluation, Education/Counseling (6 weeks and 26 weeks) * Addiction and Relapse Prevention Programs * Adolescent and Adult Drug/Alcohol Programs * 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 JUVENILE LAW SECTION MEETING DATES May 31, 2006 Unless otherwise notified, all meetings will be held on the last Wednesday of the month at Noon in District Court Courtroom 20. Mary Siegfried, Co-Chair Kim Alfriend, Co-Chair LAWYER TO LAWYER COMMITTEE MEETING DATES May 11, 2006 All meetings will be held on the 2nd Thursday of alternating months (September through May) at 5:00p.m. in the Circuit Court Law Library, unless noted otherwise. Barbara R. Graham, Chair LEGAL ETHICS COMMITTEE MEETING DATES May 9, 2006 June 13, 2006 All meetings will be held on the 2nd Tuesday of the month at 4:30p.m. in the Bar Association Conference Room, unless otherwise noted. Jeffrey M. Axelson, Co-Chair Samuel M. Shapiro, Co-Chair PROFESSIONALISM & THE QUALITY OF LIFE COMMITTEE MEETING DATES May 2, 2006 Recipe for Quality of Life The April 4 meeting of the LAW OFFICES OF COURTLAND K. TOWNSEND, JR. *************** 6804 COASTAL HIGHWAY TOWNSEND TOWERS OCEAN CITY, MARYLAND *************** TWENTY-SIX YEARS PREVIOUS PRACTICE IN MONTGOMERY COUNTY, MARYLAND *************** FAX: (410) TELEPHONE: (410)

13 COMMITTEES & SECTIONS PAGE 13 Committee welcomed the Honorable Mary Ellen Barbera and the Honorable Charles Day, who shared their thoughts on various aspects of quality of life. First, they addressed what quality of life actually is. Judge Barbera explained the need to find balance between your inner self and the outer aspects of our lives. While we all need to find the systems that work for us in maintaining balance, it is unlikely that we can achieve quality of life without finding that balance or harmony. The group also considered the phenomenon that frequently occurs in which we try to do a number of things even though realistically we can only work on one thing at a time. Judge Day shared his experience in trying to place all of the projects he needed to handle on his desk at once. Not surprisingly, the desk was buried and he could not face any of it. By selecting only one file at a time, though, he was able to accomplish the necessary tasks more efficiently. Both judges agreed that quality of life requires help from our families, our colleagues, and our mentors. Regardless of who helps you keep the various elements of your life in perspective, it is important to have someone who can point out that you are trying to do too much or that perhaps you do not have to do it all. A gentle reminder that diet and exercise are essential went hand in hand with the admonishment to learn how to say "no". And even the use of technology triggered a dialogue of pros and cons. While cell phones, laptops, and pdas give us immediate access to people and information, there are times when these items interfere with our quality of life by making us too accessible. On the other hand, several people in the group noted that technology allows them to handle their responsibilities while having more flexibility regarding whether they have to be physically in the office. And just in time for the coming summer vacations, Judge Day gave us 5 rules for vacations: never work a full week the week of your departure; never work a full day the day of your departure; never return on a day that has obligations or scheduled items; never return the day before a day with significant obligations; and do not return to work for a full week (only work a partial week). New and experienced attorneys can learn from these great ideas for handling the balancing act of combining a life with a law practice. Hopefully, all of us can incorporate some quality of life into our busy schedules. Have a great summer! Karen L. Federman Henry, Chair (Continued on following page) WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. ALAN J. NUTA ATTORNEY AT LAW Social Security Disability Sustaining Member, National Organization of Social Security Claimants Representatives METRO COUNSELING SERVICES, INC. A comprehensive approach to DWI/DUI Assessment and evaluation Relapse prevention Approved and Certified Education (six weeks) Expert Testimony by the State of Maryland Counseling (26 weeks) Forensic drug screening JERRI BENNER-GUNNISON, DIRECTOR Crabbs Branch Way - Rockville, MD (fax) - (301) * * * Member, Association of Trial Lawyers of America, Social Security Disability Law Section FREE INITIAL CONSULTATION Gaithersburg Greenbelt Frederick Hagerstown Westminster * *

14 PAGE 14 COMMITTEES & SECTIONS (Continued from preceding page) REAL ESTATE LAW SECTION MEETING DATES May 9, 2006 June 13, 2006 We will meet on Tuesday, May 9th and our featured speaker will be Charles A. Kasky, Esq., Director of Legal Affairs, Maryland Association of Realtors, discussing legislation in Maryland (which took effect on October 1, 2005) that expands the obligation of sellers of residential properties to disclose defects. This discussion promises to be interesting and useful, and I hope you will plan to join us. On Tuesday, June 13th, Carson Mills, Esq. of LandAmerica will be the speaker, and will provide us with a summary of real estate-related legislation passed in the 2006 session of the Maryland General Assembly. We will not hold a meeting in July or August (when our attendance thins dramatically because of vacation schedules), and will resume meeting in September. Finally, I would welcome hearing from you if you have thoughts on topics or speakers for future breakfast meetings. Many of the ideas for topics or speakers for our meetings have come from members of the Section, as I have indicated on occasion in past s. So, please let me hear from you if you have suggestions to offer. All meetings will be held on the 2nd Tuesday of the month at 7:30a.m. at IHOP, 775 Rockville Pike (between Wintergreen Shopping Center and Courtesy Jeep), Rockville, MD Jerry R. O Conor, Chair TAXATION LAW SECTION April 3, 2006 There can be no doubt that the IRS is WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD. revitalizing its collection efforts. From our prior newsletter, the Robinette opinion was decided by the 8th Circuit only a few weeks ago. It touched on a theme becoming more prevalent among the tax community: making the administrative record while looking to the statute of limitations. When a client receives a notice of intent to levy or a notice of federal tax lien filing with rights to protest within 30 days counsel should give serious consideration to doing so and not doing so. Relative to the current climate of the IRS and its intense focus on collection, filing a request for a collection due process (CDP) hearing should not be ignored. The Robinette courts considered whether the failure to timely file a refund return constituted a material breach of a previously accepted offer in compromise. Looking to the administrative record and contract law, the USTC found that it did not. The 8th Circuit disagreed. In Robinette, both the USTC and the Court of Appeals looked to what was established in the administrative record when reviewing a matter for abuse of discretion. Administrative Record: Two pervasive concerns are now at large: (1) consideration of whether the client has been given the opportunity to present alternatives to forced collection action before the federal government takes lien and/or levy action and (2) being ready to go to court. The administrative record substantially consists of what you and the appeals officer discuss at your client's CDP. At the hearing you will need to take the necessary actions to preserve the administrative record. Even if the Appeals Officer denies your alternative, it will often behoove you to present your best evidence. This is because the court ultimately deciding your matter may not be the USTC. If that is the case, the standard of review may be limited to the CDP. Statute of Limitations: When filing a timely CDP, the IRS' statute of limitations on collection action, normally ten (10) years, is suspended. And the IRS is not to take collection action while the CDP is pending. However, while collection action may be on hold for the period(s) in issue, but actions related to periods not at

15 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 $ RETURN BY JULY 28, (If you have any questions regarding the web link, call Bev Mondin at ) BAMC Web Site Link to Your Web Page $ Website: Initial Listing (for Directory and/or Website) $ Additional Listings at $10 each $ TOTAL Amount Enclosed $

16 MENU Pulled Chicken Beef Brisket BBQ Beans Potato Salad Coleslaw Brownies & Blondies Beer, Wine, Sodas the Montgomery county bar foundation presents 2006 Bar revue May 24, 2006 F. Scott Fitzgerald Theatre Rockville Civic Center 603 Edmonston Dr., Rockville, MD Catered by REGISTRATION FORM $ Sponsorship (Entitles you to 10 tickets) $ Sponsorship (Entitles you to 6 tickets) Additional Sponsorship $25.00 each DINNER: 5:30 p.m. 7:30 p.m. SHOW: 8:00 p.m. 9:30 p.m. COST for Individual Tickets: $38.00 Price Includes Per Person: Dinner: $15.00 Bar: $3.00 Civic Center Rental: $14.00 Marketing Materials: $6.00 ** Each sponsor will be acknowledged in the program and thanked in the Bar Association Newsletter. Since your contribution will go to the Bar Foundation for Pro Bono, you will be able to list part of the donation on the Annual Pro Bono Reporting Form. Law Firm Name: Names: Number Attending: Payment Enclosed: $ Visa/MC Exp: Contact Person: Phone: Please mail or fax registration forms by May 18, Montgomery County, MD, Bar Foundation: 27 W. Jefferson St., Rockville, For More Information call Rocio at Fax: For Office Use Only: Income Code F/420

17 Bar Association of Montgomery County, MD 112 th Annual Meeting & Law Day Celebration Friday, May 5, :00A.M. - 2:30P.M. NEW LOCATION: Bethesda North Marriott Hotel & Conference Center 5701 Marinelli Road North Bethesda, Maryland Keynote Speaker: Joseph F. Murphy, Jr., Chief Judge Court of Special Appeals of Maryland Liberty Under Law: Separate Branches, Balanced Powers 2006 Annual Meeting Program Committee Paul F. Kemp, President ~ John C. Monahan, President-Elect Robert B. Hetherington, Annual Meeting Chair Robert L. Baum/Ellen F. Kandell, Co-Chairs - Alternative Dispute Resolution Section Matthew J. Downs/Edward E. Sharkey, Co-Chairs - Business Law Section Jeannie K. Cho/Carol A. Crawford, Co-Chairs - Criminal Law Section Rosanna C. Lopez/Scott A. Mirsky, Co-Chairs - Employment Law Section Jay M. Eisenberg, Chair - Estate & Trust Law Section Jennifer A. Forquer/Carlos M. Lastra, Co-Chairs - Family Law Section Timur Edib/Devang M. Shah, Co-Chairs - Immigration Law Section Jeffrey Axelson/Samuel M. Shapiro, Co-Chairs - Legal Ethics Committee Michael V. Nakamura/John J. O Neill, Jr., Co-Chairs - Personal Injury Litigation Section Chaya Kundra, Chair - Taxation Law Section STAFF COORDINATORS: Beverly C. Mondin, Executive Director Cindy Brandenburg, Conference Coordinator ~ Jackie Strzepek, Exhibits Coordinator

18 PROGRAM SCHEDULE 8:00-10:00a.m. REGISTRATION Room A 9:00-10:45a.m. Family Law Section & Immigration Law Section component A: NAVIGATING THE TREACHEROUS WATERS OF OUR ELECTRONIC WORLD B: WHAT YOU DON T KNOW ABOUT IMMIGRATION AND DIVORCE CAN HURT YOUR CLIENT Speakers: Carol A. Crawford, Esquire, Prosecuting Attorney, Montgomery County State s Attorney s Office, Team Leader for the Economic Crimes, Cyber Crimes, and Special Prosecutions Team and Dolores O. Ridgell, Esquire, Assistant Bar Counsel, Maryland Attorney Grievance Commission and Devang M. Shah, Esquire, of Shah & Kishore Ms. Crawford and Ms. Ridgell are here to answer all your questions about the practical and ethical issues that arise in our daily practice due to the ever increasing use of computers. What are your obligations regarding deletion, retention, and storage of ? What ethical concerns do you face with e-discovery and what can you do to prevent missteps? What are your ethical obligations when your client tells you that he or she has installed spyware on the spouse's computer? What criminal and civil penalties is your client exposed to when he or she intercepts a spouse's communications or installs spyware on the computer? How do you determine if your client has run afoul of the Federal and/or Maryland wiretapping laws? Come find out the answers and much more! Mr. Shah will discuss the immigration issues divorcing parties can face and the possible solutions to those problems. The program will highlight immigration issues that are critical to a non U.S. citizen spouse in a divorce proceeding. Often times, a spouse cannot remain in the United States after a divorce. Legally residing in the United States may be much more important to your client than the usual issues of pension, division of property etc. Discovery may have to be conducted for immigration purposes and not just for divorce purposes. The divorce practitioner should be aware of these issues and many other issues when a non-citizen spouse is party to a divorce proceeding. Approximately thirty percent of our county is foreign born. With this number expected to rise, immigration issues increase in importance to divorce practitioners. We will also be voting for your new Section Chair or Co-Chairs! Jennifer A. Forquer/Carlos M. Lastra, Family Law Program Co-Chairs Devang M. Shah/Timur Edib, Immigration Law Program Co-Chairs 11:00-11:45 a.m. Employment Law Section & Workers Compensation Law Section LAWYER AS AN EMPLOYER Speakers: Wendy Karpel, Esquire, Office of the County Attorney for Montgomery County and Karen Federman-Henry, Esquire, Office of the County Attorney for Montgomery County and Phillip A. Rodokanakis, Managing Partner of U.S. Data Forensics, LLC This program will concentrate on the lawyer as an employer. The program will be divided into 3 segments: workers compensation coverage, ethical and professional responsibility, and computer forensics. With regard to workers compensation, the necessary insurance coverage and how to report and document on the job accidents will be covered. The professional responsibility section of the program will concentrate on the ethical obligations when supervising subordinate attorneys and support staff. Finally, proper handling of computer data to prevent destruction of useful and necessary information as well as retrieval of hidden information on computer storage mediums will be discussed. Scott A. Mirsky/Rosanna C. Lopez, Employment Law Program Co-Chairs Mary B. Buonanno/Wendy B. Karpel, Workers Compensation Law Program Co-Chairs Room B 9:00-10:45 a.m. Criminal Law Section & Immigration Law Section component THE MATRIX: IMMIGRATION ISSUES AT THE CROSSROADS OF YOUR CRIMINAL CASE Speakers : Laura Kelsey Rhodes, Esquire and Alan Drew, Esquire and Margaret Schweitzer, Assistant State s Attorney Join us for an expert panel presentation on the hows and whys of addressing the many, many issues and pitfalls at the crossroads of criminal and immigration law. In this ever evolving area of the law, you can't afford to miss this session. Our dynamic panelists are Laura Kelsey Rhodes, Esq., Alan Drew, Esq., and Margaret Schweitzer, Assistant State's Attorney. Ms. Rhodes is a principal in the firm of Albright and Rhodes, LLC. Her successful criminal defense practice has included over approximately one hundred trials at both the federal and state levels. In addition, she guides businesses and applications through filings, applications, and litigation in the immigration arena. Mr. Drew is a seasoned attorney with the Office of the Public Defender. His experience includes significant felony trial work ranging from street crime to homicide. He is, in addition, an adjunct faculty member of the University of Maryland with a special interest in immigration issues. Ms. Schweitzer is a highly talented prosecutor with over fifteen years of experience. She is known as the "Queen of Corum Nobis" and brings her extensive knowledge of post conviction practice. Eun (Jeannie) K. Cho/Carol A. Crawford, Criminal Law Program Co-Chairs Devang M. Shah/Timur Edib, Immigration Law Program Co-Chairs

19 11:00-11:45 a.m. Personal Injury Litigation Section ELECTRONIC DISCOVERY AND THE 2006 AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE Speaker: Honorable John M. Facciola, U.S. Magistrate Judge, United States District Court for the District of Columbia The program will cover the anticipated enactment of the amendments; An overview of computer technology and discovery; Preservation obligations and orders; Form of response and the problem of metadata; Privilege problems, sneak and peek, and claw back; What is reasonably accessible in a computerized environment? and Spoilation and safe harbors. Michael V. Nakamura/John J. O'Neill, Personal Injury Litigation Program Co-Chairs Room C 9:00-10:30 a.m. Estate & Trust Law Section GUARDIANSHIP LITIGATION ISSUES Speakers : Tom Gisriel, Esquire and Angela Grau, Esquire and Kim Viti Fiorentino, Esquire The program will highlight areas including: (1) Basic Legal framework and principals; (2) Representing the Petitioner in a Contested Guardianship Matter; (3) Representing the Respondent in a Contested Guardianship Matter; and (4) Overview of trial strategies and alternative dispute possibilities in a contested guardianship case. Jay M. Eisenberg, Estate & Trust Law Program Chair 11:00-11:45 a.m. Business Law Section / ADR Section INTEGRATING DISPUTE RESOLUTION PROCESSES FOR BUSINESS CLIENTS Speakers : Ellen Kandell, Esquire and Lucy Robins Business clients have many disputes that have the potential for damaging relationships and distracting executives from their mission. This panel will provide information on various dispute resolution processes, such as dispute review boards and ombudsman programs, that you can recommend to your clients. Numerous large corporations have instituted alternative dispute systems. We will also provide resources and recommendations for drafting dispute resolution clauses in legal documents and handbooks. Edward E. Sharkey/Matthew J. Downs, Business Law Program Co-Chairs Robert L. Baum/Ellen F. Kandell, Alternative Dispute Resolution Program Co-Chairs Great Falls Room (Lower Level) 9:00-10:30 a.m. Taxation Law Section DIVORCE: BUSINESS VALUATION, TAX AND FINANCIAL PLANNING Speakers : David S. DeJong, Esquire and Alan S. Zipp, Esquire This session will cover the fundamentals and controversies of business valuation in divorce cases. The complexity of the tax law will be made simple for the divorce attorney. Discussion will include financial planning opportunities for our divorcing clients. The handouts will include comprehensive reference materials to assist the practitioner in understanding these issues. The session will be interactive and group participation is encouraged so bring your questions with you. Chaya Kundra, Taxation Law Program Chair *********************************************** There will be a Legal Ethics component to all seminars The Legal Ethics Committee will furnish a speaker where requested. *********************************************** 12:30-2:00 p.m. LUNCH Installation of Officers, Other Awards, Law Day Guest Speaker

20 REGISTRATION FORM Copy This Page and Mail To assist in planning the program and to ensure that we have an adequate supply of materials, please duplicate and complete the form below and mail it today! Please write entree selection in the space provided. Entree # Complete Program with Lunch $50.00 Complete Program without Lunch $35.00 Lunch Only $30.00 Program Chair or Speaker Lunch No Charge New Practitioners (practicing 5 years or less) $35.00 (Complete Program with Lunch) Law Firm Personnel Program & Lunch $45.00 (if accompanied by lawyer) NAME(S) (please print) Firm Name: Address: Telephone: Fax: CONTACT PERSON: PLEASE INDICATE METHOD OF PAYMENT TOTAL AMOUNT DUE: $ Check Included: Make check payable to: Bar Association of Montgomery County, Maryland Please charge my Visa/Mastercard Account: Account # Exp. Date (OFFICE USE ONLY INCOME CODE A-403) MENU PROGRAM SELECTION Please indicate the number of individuals attending each program (and put their initials on the line). 9:00-10:45 a.m. Family Law/Immigration Law 9:00-10:45 a.m. Criminal Law/Immigration Law 9:00-9:45 a.m. Estate & Trust Law 9:45-10:30 a.m. Taxation Law 11:00-11:45 a.m. Employment Law/Workers Compensation Law 11:00-11:45 a.m. Personal Injury Litigation 11:00-11:45 a.m. Business Law/Alternative Dispute Resolution Honey Roasted Chicken with a Preserved Lemon Reduction Sauce or Herb Crusted Seared Salmon with a Pernod Sauce or Cavatappi Pasta with Wild Mushrooms and Oregano Scented Marsala Cream Sauce (AN ENTREE REQUEST MUST BE MADE AT THE TIME OF REGISTRATION PLEASE INDICATE ON FORM) Salad Coffee, Iced Tea & Water Dessert