The nexus of ideas, ownership, and an evolving legal landscape
KEY FEATURES
AI for Legal Risk Management
Attorneys on the Hill
Revolutionizing Access to Justice: Maryland's Coordinated Intake System
Leadership Academy Alumni Share Their Stories
Unveiling the Maryland Attorney's Duty to Safeguard Client Files
Maryland Bar Foundation Grant Recipient
Leadership Academy Kickoff
100 Leadership Academy Alumni Share Their Stories
123 Staff Profile: Criselle Anderson
124 Executive Director's Message: Advances in Technology and Advocacy
HEALTH AND WELLNESS
80 Did I Miss Something? A Personal Story by a Maryland Attorney
82 Addressing the Lawyer Suicide Crisis: A Guide for Bar Leaders
INSIDE ANNAPOLIS
16 Maryland Laws Effective October 1, 2023
86 Breaking into Law: Snehal Massey 88 Past President: Judge Richard Sothoron 90 Career Transitions: Anisha Queen
92 Off the Beaten Path: J. Paul Rieger
73 Attorneys on the Hill
MEMBER CONTENT COMMITTEE (2023-24 BAR YEAR)
IN-HOUSE EDITORIAL COMMITTEE
Publication Date: Fall 2023
Published quarterly by the Maryland State Bar Association, Inc.
520 W. Fayette St. Baltimore, Maryland 21201
Telephone: (410) 685-7878 (800) 492-1964
Website: www.msba.org
Executive Director: Anna Sholl
Chief Content Officer: Patricia Stockland
Managing Editor: Andrea Solan
Advertising Sales: Association Media Group
Subscriptions: MSBA members receive THE MARYLAND BAR JOURNAL as $20 of their dues payment goes to publication. Others, $42 per year.
POSTMASTER: Send address change to THE MARYLAND BAR JOURNAL
520 W. Fayette St. Baltimore, MD 21201
The Maryland Bar Journal welcomes articles on topics of interest to Maryland attorneys. Proposed articles can be submitted through the MSBA website at msba.org/content-portal.
Advertising: Advertising rates will be furnished upon request. All advertising is subject to approval by the Editorial Advisory Board.
Association Media Group
901 34th Avenue North, Suite 7064 St. Petersburg, FL 33734
Chad Slager
Operations and Technology cslager@associationmediagroup.com
Member Content Committee
Corinne M. Pouliquen, Esq., Co-Chair Jessica Markham, Esq., Co-Chair
Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Maryland State Bar Association, its officers, Board of Governors, the Editorial Board or staff. Publishing an advertisement does not imply endorsement of any product or service offered.
COVER: Image of Andy Warhol courtesy of Library of Congress, Prints & Photographs Division, photograph by Bernard Gotfryd. [Reproduction number LC-DIG-gtfy-04542.]
Jessica Markham, Co-Chair Corinne M. Pouliquen, Co-Chair
Andrea Solan
Dave Sidhu
Eric Steiner
Donald Quinn
Jasmine N. Pope
Lynette Kleiza
Julie Hopkins
Travys Harvey
Hillary Evans
Anna Sholl, Executive Director
Reena Shah
Andrea Terry
Jessica Duvall
Colleen Aracri
Natasha Nazareth, Emeritus Chair
Marc Dimenna
LEGAL CAPITAL, 4thEdition
Bayless Manning, Late Former Dean, Stanford Law School
James J. Hanks, Jr., Senior Counsel, Venable LLP
This renowned book is the classic exposition of the origin, history and practical unworkability of par value, stated capital and other components of legal capital in the critical owners’ equity corner of the balance sheet. Legal Capital is widely credited with pioneering the introduction of the balance sheet and equity solvency tests for distributions to shareholders, as well as other reforms in the Model Business Corporation Act and corporation statutes in more than 30 states. The Fourth Edition adds new historical material, updates the statutes and case law on dividends and other distributions in the U.S. and compares the evolution of legal capital in countries around the world.
“Legal Capital turns on a basic tension around the corporate form – how the concept of limited liability can place creditors’ and shareholders’ interests at odds, and how that tension is resolved through statute, case law, and private contracting. It is a must-read for corporate law students, academics, and practitioners, and a must-have for law firm and university libraries.”
– Charles K. Whitehead, Myron C. Taylor Alumni Professor of Business Law, Cornell Law School
To purchase, go to westacademic.com or contact your West Academic Account Manager at inquiries@westacademic.com or call 800-782-1272.
CREATIVITY AND THE LAW
50 U.S. Supreme Court Warhol Foundation Decision on Copyright Fair Use
54 Shark Tank and Beyond
58 The Intersection of Artificial Intelligence and Copyright Law
62 Emojified Communications: The Emoji's Role in Modern Law
ATTORNEYS ON THE HILL
73 Staff Attorneys for Maryland Legislators Use Their Law Degrees to Shape Policy
FOR YOUR PRACTICE
20 Divorce of Course: Maryland Makes Absolute Divorce Easier to Obtain and Less Contentious
24 Unveiling the Maryland Attorney's Duty to Safeguard Client Files
34 AI for Legal Risk Management
64 How to Build a Rain Machine: Who's the Hero?
70 President Biden Issues Executive Order on AI Technology
94 Marriage and Expatriation: When American Women Lost Their Citizenship Because of Who They Married
114 Attorney Grievance Update
116 Gambling as a Jack-of-All-Trades
ETHICS
120 MSBA Ethics Docket: Is There Duty to Advise Former Clients of a Change in the Law?
ACCESS TO JUSTICE
36 Five-Year Report on Law on the Frontlines Project Released
40 Commissioner Profile
42 Revolutionizing Access to Justice: Maryland's Coordinated Intake System
Strengthening the Voice of the Legal Profession
Last summer the Board of Governors adopted bylaws amendments to improve the Board’s structure. The goal is for the Board structure to more accurately reflect Maryland’s legal profession demographic and geographic diversity.
The amendments create room for new voices on the Board by adding new pathways to Board Leadership; encouraging Session engagement and alignment by increasing Section representation on the board; maintaining MSBA’s geographic reach by retaining seats based on member population within the 12 Judicial Districts; identifying, recruiting, and developing new leaders in the profession by designating seats for Young Lawyers Section members; and developing a process to ensure the Board represents the full breadth of diversity in the legal profession.
These amendments align with the MSBA’s role as the voice of Maryland’s legal profession, and as its indispensable source of knowledge, experience, and expertise. We can all look forward to the MSBA’s continued success in these major areas of activity.
As the voice of the profession, the MSBA is advocating and influencing key stakeholders with even more diverse perspectives from
around the state. If you are interested in impacting the profession and its clients in this way, connect with your Section’s legislative liaison or chair. Not sure who they are? Ask us at sections@msba.org. The General Assembly’s session begins January 10, 2024, so the time to make that connection is now.
As the indispensable source of legal knowledge, experience, and expertise, MSBA is the best value in bar membership. Member benefits include free access to digital CLE of 90 mins or less, MSBA's Resource & Learning Library with articles, templates and samples to help you in your practice every day, Fastcase legal research, micro-publications including the Guide to Courts, Ethics Opinions, plus discounts on an unparalleled library of legal practice manuals authored by recognized legal authorities. You can reach MSBA learning offerings at msba.org/events-and-products-catalog.
As I have happily said before, if you don’t know me, I hope to meet you at one of MSBA’s several dozen events before the end of my term. I encourage you to favorite msba. org/calendar on your device. It will link you to dozens of MSBA events of every kind in all parts of the state throughout the year.
Jason DeLoach, President
Chapter
Chapter
Chapter
Chapter
Reading and Robes
Elementary school students across Maryland were introduced to the judicial system during the Maryland Judiciary’s inaugural “Reading & Robes” event on September 20, 2023. Judges from various jurisdictions read aloud from books that include the themes of justice, fairness, and the law. U.S. Supreme Court Justice Sonia Sotomayor’s Turning Pages: My Life Story, was the featured book for the program, and students also received a copy of The Highest Tribute: Thurgood Marshall’s Life, Leadership, and Legacy.
Chief Judge E. Gregory Wells, Appellate Court of Maryland, said “Talking to the kids about what we do is important, especially to help them understand that we really have their best interest in mind and that we care about our community.” Judge Cheri Simpkins, District Court for Prince George’s County, agreed. “It is very important for children to see people who look like them and come from the neighborhoods they come from in these roles. Representation matters.”
MSBA and the Maryland Bar Foundation were proud to sponsor Reading & Robes. MSBA provided pencil cases and Constitution-themed coloring books for each student.
Judge Wayne Brooks, District Court for Howard County, said his favorite part of the day “was getting the opportunity to read about one of my heroes, Thurgood Marshall, because he was such a personal inspiration to me in my journey and life.”
It is very important for children to see people who look like them and come from the neighborhoods they come from in these roles.
A2JC’s Delivery of Legal Services Committee Kickoff
The Access to Justice Delivery of Legal Services (DLS) Committee kicked off the bar year with a networking and planning event in Annapolis on October 4. The DLS Committee aims to build a robust public interest and justice-oriented community within the MSBA. Whether working in private practice, judiciary, government or a civil legal aid organization, the committee welcomes MSBA members who are passionate about public interest law and an accessible, equitable, and just legal system. At the kickoff event, the committee got to work on reimagining and reinvigorating the work of the DLS Committee, especially in terms of advocacy and in amplifying viewpoints and perspectives of civil legal services practitioners.
The committee welcomes members who are passionate about public interest law and an accessible, equitable, and just legal system.
Howard County Connections Event
Over 65 legal professionals attended MSBA’s recent Howard County Connections Event, which took place on September 12th at Union Jack’s Restaurant in Columbia. Attendees had the chance to mingle with MSBA Past President Judge Pamila Brown, Past Howard County Bar Association
President George Hermina, and Maryland Bar Foundation Board Member Jamaal Stafford. Members of the Paralegal Task Force Members and MBSA Section chairs attended as well, along with local attorneys, judges, and paralegals.
To help foster connections between attorneys, paralegals, judges, and partnership organizations, the MSBA regularly holds Connections Events throughout the state. We kicked off this bar year's events in Howard County.
MSBA in the Community
Recent Section Events
MSBA Sections took part in a variety of events this fall, including section dinners, awards ceremonies, and networking events.
Negligence, Insurance & Workers' Compensation Section members
Workers' Compensation conference keynote speaker Moses Gives Plenty from Yellowstone with the Summer Bar Journal
Construction Law Section networking event
The Business Law Section co-hosted with Civil Justice a pilot small business clinic at the University of Baltimore.
Sections are where MSBA members go to share news and resources, learn from each other via regular events, and stay connected to the profession.
UPCOMING EVENTS
DECEMBER 5-7, 2023
Divorce Mediation Seminar
DECEMBER 11, 2023
Connections Event, Baltimore City
JANUARY 8 - 19, 2024
40-Hour Basic Mediation Training
JANUARY 18, 2024
A Litigator’s Guide to the Board of Public Works
JANUARY 25FEBRUARY 29, 2024
Workers’ Compensation Evening Series
FEBRUARY 18-23, 2024
MSBA Professional Excursion, Costa Rica
MARCH 5, 2024
Connections Event, Baltimore County
MARCH 12, 2024
20-Hour Divorce Mediation Seminar: Custody and Visitation
Consumer Bankruptcy Section dinner
Estate & Trust Section Diversity Mixer
Construction Law Section networking event
Michael May, center, recipient of Brigadier General Philip Sherman Award by Veterans Affairs and Military Law Section
THE FAIREST JUDGE IN THE COUNTY
THE HONORABLE NICHOLAS E. RATTAL
IN THE HALLS OF THE Prince George's County Courthouse, Judge Nicholas E. Rattal has earned a reputation as a judge who embodies the principles of civility and fairness. His commitment to these ideals has not only gained him the respect of his colleagues and the attorneys who go before him but also earned him the prestigious 2023 Honorable Anselm Sodaro Judicial Civility Award (the Sodaro Award). The MSBA presents the Sodaro Award annually to a sitting Maryland judge who demonstrates exceptional judicial temperament, civility, and courtesy to those who enter their courtrooms.
Judge Rattal began his career working as a public defender in Prince George’s County after obtaining his undergraduate and law degrees from the University of Maryland. He tried well over 100 cases in his 21 years as a public defender, which he believes helped inform the approach he takes to presiding over matters as a judge. “I think the trial experience I got as a lawyer really helped me as a judge because I still believe I know what the attorneys are going through,” he said, “so I think that makes me sympathetic.”
Eventually, Judge Rattal turned his focus towards becoming a judge, which was a path he always envisioned taking. "As much as I wanted to become a lawyer, I wanted to become a judge," he confessed, noting, "That was maybe my ultimate goal. But becoming a lawyer is much more in your control . . . Becoming a judge—it's random luck."
Luck, though, isn’t the only reason for Judge Rattal’s success. Although he faced setbacks in his journey to become a judge, he persisted in his pursuit. The first time he applied for a judgeship, he was rejected. During the interview process following his initial application, questions arose about his experience, particularly his limited exposure to civil cases. Before he applied to become a judge a second time, he decided to address this concern by attending civil law CLE courses. His tenacity paid off, and he secured the judgeship on his second attempt.
The transition to the bench presented challenges for Judge Rattal as well, one of which was getting up to speed on the law surrounding the broad spectrum of cases that land on his docket. He recalled a zoning case he heard early in his career as a judge that made him realize “how much I didn't know and how much I had to read to try to keep up with it." He found he could “learn as you go” and has accumulated ample knowledge in a wide variety of legal issues over the years, which has served him well.
“
Civility in the courtroom is not just an abstract ideal for Judge Rattal. Instead, he takes a practical approach to promoting a respectful environment.
Amid the range of cases he hears, Judge Rattal identified three areas that present unique challenges: child custody, juvenile waivers, and sentencing hearings. Despite the difficulties that these cases present, Judge Rattal approaches each with the same commitment to fairness and justice. He acknowledges that being a judge is not without its moments of doubt and introspection, however, reflecting that sometimes he works on a case extensively, but in the end, it boils down to “what does your gut instinct tell you?”
While Judge Rattal is a well-respected member of the judiciary, he remains humble, which is reflected in his approach to hearings and trials. “I try to let the lawyers run the show, and keep it neutral and fair,” he shared. Judge Rattal likens the role of a judge to that of an umpire in sports, stating, "if nobody's complaining about it, that's the best way." To him, “if you don't remember who the judge was, that meant that the judge did a good job.”
Civility in the courtroom is not just an abstract ideal for Judge Rattal. Instead, he takes a practical approach to promoting a respectful environment,
which includes placing a note with a slash "C" on the bench, facing him, that serves as a constant visual reminder to maintain composure and remain calm, setting the tone for all those present in the courtroom. He also recognizes the value of recesses, as they allow everyone involved in proceedings to cool off and collect their thoughts. Finally, he rules by the philosophy that you should treat others the way you want to be treated.
Judge Rattal also expects the attorneys who practice in front of him to embrace the principle of treating others as they would like to be treated, and emphasized the importance of being prepared and punctual, two traits that demonstrate respect for the court and its proceedings.
Judge Rattal's demeanor in the courtroom journey has earned him praise from his colleagues and the attorneys who practice before him throughout his career. Recently, it also inspired them to nominate him for the Sodaro Award, which recognizes judges who seek to provide a “level playing field” for attorneys and litigants.
Judge Rattal's demeanor in the courtroom journey has earned him praise from his colleagues and the attorneys who practice before him throughout his career.
The attorneys who nominated Judge Rattal for the award all expressed that he was worthy of the honor for the same reason: his dedication to fairness and justice. Kathryn Holpuch succinctly stated, "he ran his courtroom with empathy and fairness for both sides." Christina Caron-Moroney commended Judge Rattal's temperament, saying, "Judge Rattal is an exemplary candidate for this award. He has an amazing judicial demeanor. He is firm yet patient and kind. He commands with clear intent to ensure justice is upheld. He treats everyone who walks into his courtroom with equal respect and courtesy." Sonya King noted, “He has a reputation as the fairest judge in the county. He is equally admired by prosecutors and the defense bar. His courtroom opens on time, and he is pleasant to appear in front of. We will all be so sorry to see him retire soon.”
Judge Rattal accepted this year’s Sodaro Award, in his chambers on August 10, 2023. When he first learned of this honor, Judge Rattal was both surprised and elated. Reflecting on the award, he said he was thrilled. "I will cherish that award for a long time." He noted that there are so many worthy judges throughout the state, so to be singled out for this award “was awesome.”
As he approaches retirement, Judge Rattal has a simple yet profound desire “to be remembered as a guy who worked hard and was fair and treated everybody nice,” noting that throughout his career, he would “go out and do the best I can and hopefully I get it right.” It is clear that his commitment to civility and fairness will leave a lasting impression on those attorneys who argued before him and will continue to inspire and guide those who follow in his footsteps.
(l to r) MSBA Past President David Shapiro, Judge Rattal, MSBA President Jason DeLoach, and Matthew Esworthy, Partner at Bowie & Jensen and grandson of Judge Sodaro
Sixth Edition
Whether you’re a novice attorney seeking real-world expertise or a seasoned practitioner in search of reliable and concise guidance, Practice Manual for the Maryland Lawyer is your trusted touchstone.
Fully updated for 2023, this 3-volume treatise has something for every legal professional, including 16 chapters on a wide variety of practice areas:
» Law Office Economics, Management, and Fees
» Administrative Law
» Adoption, Guardianship and Change of Name
» Bankruptcy
» Business Organizations
» Collection of Contract Debts
» Criminal Law
» Estate Administration
» Family Law
» Landlord and Tenant
» Preparation and Trial of Tort Claims
» Real Estate Transactions
» Wills and Estate Planning
» Workers’ Compensation
» Traffic Law
» Elder Law
Get the manual: msba.org/practice-manual
Maryland Laws Effective October 1, 2023
EACH JANUARY, THE MARYLAND GENERAL ASSEMBLY convenes to begin its legislative session. During the session, the MSBA not only monitors hundreds of bills but also supports legislation that protects the legal profession, preserves the integrity of the judicial system, and ensures access to justice for Marylanders. MSBA’s practice-based Sections and Laws Committee regularly offers insight and perspective to legislators on the potential impact of bills as well.
MSBA’s advocacy takes many forms, including drafting bills and amendments, providing testimony and advice to legislators, mobilizing MSBA members on priority bills, and convening our members and legislators. Throughout the 2023 session, MSBA provided bi-weekly bill reports to members with relevant bills and held weekly calls with Section legislative liaisons to discuss advocacy strategies and priority issues. MSBA regularly features advocacy content and updates through our various channels, including our website, e-weekly, Section newsletters, Maryland Bar Journal, and social media.
MSBA was pleased that several of our priority bills passed this year. Several other bills impacting the legal profession passed as well.
MSBA-Supported Bills Impacting the Legal Profession The following bills went into effect on October 1, 2023.
Corporations and Associations – Revisions (HB209) HB209, sponsored by the Committee on Corporation Law of MSBA’s
Business Law Section, is a combination of fixes to highly technical corporate laws, including 1) allowing a corporation’s charter or bylaws to provide for ex officio directors, 2) clarifying that stock certificates may not be issued in bearer form, 3) clarifying annual meeting requirements for investment companies, and, 4) establishing a Notice of Termination requirement with SDAT for termination of real estate investment trusts.
Estates and Trusts – Registers of Wills – Electronic Filing and Signature (HB255/SB253)
HB255/SB253 updates the current law to allow electronic filing for submission of documents to the Register of Wills, saving money and time for Marylanders.
HB687/SB446 provides clear authority for when a trust may be decanted.
MSBA’s Estates and Trusts Section secured unanimous passage of this Act to provide more certainty and flexibility for trustees to modify the terms of an irrevocable trust to further a settlor’s objectives.
The following bill went into effect on July 1, 2023.
Access to Counsel in Evictions – Funding (SB756)
SB756 provides an additional $42 million in civil legal aid funding to implement Maryland’s Access to Counsel in Evictions program, a beneficial, cost-effective access to justice solution. The value of
The MSBA provided an informational letter, noting it strongly supported the goals of the bill and is extremely sympathetic to child sexual abuse survivors seeking relief to find justice and achieve some closure on their abuse through open access to the civil justice system and appropriate remedies.
having one of Maryland’s 42,000 attorneys in court representing a tenant during an eviction proceeding will lead to fairer and more efficient outcomes. MSBA and the Access to Justice Commission support ongoing funding for legal services for all Marylanders.
Other Bills Impacting the Legal Profession
The following bills went into effect on October 1, 2023.
Child Victims Act of 2023 (HB1/SB686)
HB1/SB686 lifts all age and time limits for child sexual abuse survivors to file civil suits and caps liability for non-economic damages.
MSBA provided an informational letter to the General Assembly, noting it strongly supported the goals of the bill and is extremely sympathetic to child sexual abuse survivors seeking relief to find justice and achieve some closure on their abuse through open access to the civil justice system and appropriate remedies. MSBA thanked the Legislature for its continued diligence and dialogue on this issue.
The letter noted, however, that the bill raises constitutional issues, particularly regarding the ability to revive civil claims after the statute of limitations has already ended.
Hate Crimes – Civil Remedy (HB13/SB5)
HB13/SB5 grants victims of certain hate crimes the right to bring civil actions against their perpetrators and authorizes the courts to impose injunctions and award certain economic and non-economic damages.
Maryland General and Limited Power of Attorney Act - Alterations (HB18/SB851)
HB18/SB851 altered certain statutory forms for a general power of attorney by including certain provisions informing the principal and agent of certain matters, granting general authority with respect to tangible personal property and trusts and estates, authorizing the principal to grant the agent certain specific powers relating to successor agents, compensation, gifts, or transfers and opening joint accounts and beneficiary designations, and clarifying the force and effect of the form; etc.
Courts - Judgments - Exemptions From Execution (HB42/SB106)
HB42/SB106 altered the law regarding exemptions from execution to provide that up to $500 in a deposit account or other accounts of a judgment debtor held by a depository institution is exempt from execution on the judgment without an election by the debtor to exempt the money. HB42/SB106 also established procedures a depository institution is required to follow on receipt of a writ of garnishment or other levy or attachment under certain circumstances.
Criminal Procedure – Expungement of Records (REDEEM Act of 2023) (HB97/SB37)
HB97/SB37 shortens the waiting periods applicable for filing a petition for expungement of convictions of certain crimes following satisfaction of the sentence(s) imposed, including parole, probation, or mandatory supervision: 3 years for a misdemeanor (currently 10 years), 5 years for a non-violent felony (currently 15 years). MSBA supports comprehensive expungement reform and remains committed to providing expertise to legislators, including through the newly created Crime Classification Task Force (HB1281/SB209).
District Court - Small Claims - Enforcement of Money Judgments (HB0127/CH0709)
HB0127/CH0709 effectively barred body attachments that allow sheriffs to arrest people for not answering questions related to their assets or failing to appear in court related to consumer debt under $5,000.
Sexual Offenses - Crime of Violence and Lifetime Supervision (HB0164/CH0692)
HB0164/CH0692 altered the list of crimes included within a certain definition of "crime of violence" to include sexual abuse of a minor if the offender is at least 21 years old and the victim is under the age of 16 years and requires a sentence for certain persons convicted of certain sexual abuse crimes to include a term of lifetime sexual offender supervision.
Now, the Office of the Attorney General will have the first authority to prosecute police-involved deaths.
Family Law - Maryland Child Abduction Prevention Act (HB0267/CH0761)
HB0267/CH0761 authorizes a court to order child abduction prevention measures if the court finds there is a credible risk of abduction of the child and allows certain parties to petition the court for child abduction prevention measures.
Child Custody - Relocation of Child - Expedited Hearing (Assurance of Child's Safety Act) (HB0440/CH0403)
HB0440/CH0403 provides parties in custody actions the right to expedited hearings in certain circumstances if the child’s parent or custodian is planning to relocate.
Public Information Act - Inspection of E-Mail Addresses and Telephone Numbers (HB0636/CH0107)
HB0636/CH0107 altered the definition of "personal information" for purposes of certain provisions of the Public Information Act to include an individual's personal e-mail address and require certain custodians to deny inspection of certain records of personal e-mail addresses and telephone numbers except under certain circumstances and allow inspection of certain records of business e-mail addresses under the same circumstances as inspection of certain records of business addresses and telephone numbers.
Human Relations – Civil Rights Enforcement – Powers of the Attorney General (HB772/SB540)
HB772/SB540 enables the Office of the Attorney General to investigate, prosecute, and remediate certain civil rights violations, intervene in certain causes of action, obtain certain relief in certain civil actions, and recover certain investigation and litigation costs. Allows for litigation by the Attorney General against private entities and the ability to bring class action lawsuits.
Execution on a Judgment - Child Support Arrearages - Workers' Compensation (HB0800/CH0320)
HB0800/CH0320 provides that 25% of the net recovery by the debtor on a claim for workers' compensation is subject to execution on a judgment for a child support arrearage.
Office of the Attorney General - Independent Investigations Division - Authority to Prosecute (HB857/SB290)
HB857/SB290 expands the investigative jurisdiction of the Independent Investigations Division of the Office of the Attorney General to investigate certain police-involved injuries to citizens. Prior to the passage of SB290, the IID examined police-involved situations resulting in death or serious injuries likely to result in the death of a civilian and referred information to local prosecutors’ offices to determine whether to proceed with prosecution. Now, the Office of the Attorney General will have the first authority to prosecute police-involved deaths.
Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions (Gun Safety Act of 2023) (SB0001/CH0680)
SB0001/CH0680 prohibits people from knowingly wearing, carrying, or transporting a firearm in certain locations or onto certain property unless the owner or owner's agent has given certain permission and alters certain provisions of law relating to the authority of the Secretary of State Police to limit the wearing, carrying, or transporting of a handgun at certain times and locations.
The ability to make a difference in Annapolis is just one of the many reasons we need all legal professionals to belong to MSBA to ensure we remain a strong and vibrant association. Thank you for your support. Visit us at msba.org/advocacy and contact us at advocacy@msba.org
The following bill went into effect on June 1, 2023.
Reproductive Health Protection Act (HB808/SB859)
HB808/SB859 prevents other states from using Maryland’s licensing authorities or subpoena and investigative power to punish persons for accessing or providing reproductive healthcare, thereby protecting Maryland abortion providers and patients from criminal charges, civil litigation, and administrative penalties.
PROFESSIONAL EX CURSIONS
ESCAPE | ENGAGE | EXPLORE
COSTA RICA
FEBRUARY 18-23, 2024
Attend the MSBA Professional Excursion in the Papagayo Gulf in Guanacaste, Costa Rica and receive a week of learning, connections, noteworthy speakers, and a service project. Reservations will be facilitated by our travel agents at World Meetings and Events.
The MSBA is taking a new approach to its annual Professional Excursion to provide flexibility and affordability. This year, attendees will have the option to join us for 3-days or 5-days.
BOOK YOUR STAY AT THE PLANET HOLLYWOOD COSTA RICA AN AUTOGRAPH COLLECTION ALL-INCLUSIVE RESORT
Network with industry leaders
Learn about our service project
Attend daily learning sessions
*Air and accommodations can be made directly with our travel company. Highly preferred rates with the Planet Hollywood have been negotiated
DIVORCE OF COURSE
Maryland Makes Absolute Divorce
Easier to Obtain and Less Contentious
BY BRETT D. SMOOT, ESQ.
During the 2023 legislative session, Maryland made sweeping changes to its divorce laws with the passage of SB 36. Taking effect on October 1, 2023, SB 36 will immediately provide greater access to the family courts for all of Maryland’s residents, particularly those who are low income. By amending the grounds for absolute divorce found in Section 7-103 of the Family Law Article, SB 36 will make absolute divorce (and its associated relief) easier to obtain, while lowering the level of conflict in some cases.
SB 36 expands the availability of absolute divorce in part through reduction. By repealing Section 7-102 of the Family Law Article, SB 36 eliminates limited divorce. Initially, one might think that this restricts the options for parties seeking relief through divorce cases. However, the elimination of limited divorce reflects its new redundancy. SB 36 does not stop there, as it also removes the traditional fault grounds for absolute divorce. No longer will spouses have to prove inherently contentious grounds like cruelty or adultery to be granted a divorce. However, evidence of such conduct by a spouse may still be offered to prove the “estrangement of the parties” factor of both marital property distribution and alimony. These code sections are unaffected by SB 36, which only concerns grounds for divorce.
SB 36’s most impactful changes involve separation and the introduction of irreconcilable differences. Firstly, SB 36 reduces the time required for the ground of separation from 12 months to six months. Secondly, it permits spouses who live under the same roof to file on the ground of six-month separation, as long as they have “pursued separate lives.” The significance of this revision cannot be overstated, as being unable to separate from one’s spouse due to limited financial circumstances will no longer
be an impediment to filing for absolute divorce. Thirdly, SB 36 allows one to file for absolute divorce due to “irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage.” Although irreconcilable differences is not a fault-based ground, there is uncertainty as to what evidence the courts will require to prove it. Given the elimination of fault grounds and the revisions for separation, it would seem logical that the strength of evidence required to prove irreconcilable differences would be less than that needed to prove a fault ground like cruelty or adultery.
SB 36 may also impact divorce cases filed before its implementation that have yet to be heard on the merits. If a party has already filed for limited divorce or absolute divorce before October 1, 2023, the party and her spouse can orally amend to a six-month separation at a hearing on the merits that occurs after October 1, 2023. Otherwise, if a party desires to amend her grounds for absolute divorce after SB 36 takes effect, Maryland Rule 2-341 (Amendment of Pleadings) would apply. Notably, Maryland Rule 2-341(c) provides that “amendments shall be freely allowed when justice so permits.” If petitioning for leave of court to file an amended complaint for absolute divorce following October 1, 2023, a party should refer to this portion of Maryland Rule 2-341(c). Permitting an amended complaint for absolute divorce that is based on a recent change in divorce ground law is consistent with the intent of that law change, thereby being in the interest of justice.
Brett D. Smoot is a Staff Attorney in the Centralized Intake Unit at Maryland Legal Aid.
NAVIGATING THE EMOTIONAL UNDERCURRENTS WITH HER CLIENTS
KUMUDHA KUMARACHANDRAN
Lead Litigator
Cordell & Cordell
GENERALLY, PEOPLE DO NOT THINK the legal profession values creativity. Kumudha understands that creativity is a valuable skill in a field that requires innovative problem-solving and strategic thinking within its practice. Her decision to employ creative thinking in her practice has paid off, as she has received numerous accolades from Super Lawyers and the Maryland Daily Record. Kumarachandran, a Lead Litigator at Cordell & Cordell, has been practicing family law for a decade, serves as the Vice Chair of the MSBA’s Resolution of Fee Dispute Committee, and was a 2017–2018 Leadership Academy Fellow. You can learn more about Kumarachandran’s professional achievements and how she spends her time outside of work below.
Photo courtesy of Travis Marshall Photography
I am a creative person, and I enjoy being able to use that to craft persuasive arguments in applying the facts of my cases to the law.
How would you describe your career in three words?
Challenging, empowering, and collaborative.
What are some accomplishments you've achieved during your career?
I have been named a Rising Star by Super Lawyers for seven consecutive years. In 2020, the Maryland Daily Record awarded me the Generation J.D. Leadership in Law award, and in 2021, I was named to their VIP List for young professionals considered successful by the age of 40. I am also proud to have been selected as a fellow of the Maryland State Bar Association Leadership Academy, the Maryland Bar Foundation, and the American Bar Foundation.
What professional accomplishment are you most proud of?
I co-authored a book called “Cost-Effective Child Custody Litigation” with a colleague of mine from the ABA. It is a book of tips on how family lawyers can save their clients money through every step of the litigation process. This book was intended for the ultimate benefit of the children of litigants who come from modest means. The book has been added to law libraries across the country, including the Thurgood Marshall State Law Library and the Harvard Law Library.
What makes you unique in your profession?
I am a creative person, and I enjoy being able to use that to craft persuasive arguments in applying the facts of my cases to the law.
Tell us a little bit about your current role. In my current role, I practice family law exclusively. I handle child custody, child support, domestic violence, divorce, alimony, marital property, paternity, contempt, and CINA cases.
What is one thing you would change about your current role if you could?
I would like more discretion over my clients. I enjoy being at a big firm, but the downside is being assigned to clients that may not be the best fit for you.
What are some of the challenges you face in your current role?
There are a lot of emotional undercurrents in family law cases. It becomes a challenge when you are dealing with people who are not in a place to see past that.
Describe a memorable MSBA event or product that has impacted you personally or professionally. I have gone to the legal summit in Ocean City every year since 2015. It is something I look forward to. It is always great to reconnect with members of the legal community, make new connections, and learn from one another.
How do you spend your free time?
I enjoy oil painting. Specifically, I like painting pet portraits for my friends.
What’s an interesting fact about you that no one would guess?
The longest period of time I’ve spent outside of the state of Maryland is three weeks.
Unveiling the Maryland Attorney’s Duty to Safeguard Client Files
LAWYERS IN MARYLAND are generally required to retain client files for a period of at least five years from the conclusion of the representation. Bear in mind, lawyers have a responsibility that extends beyond the confines of the courtroom and legal consultations. Central to this role is the obligation to safeguard and maintain the records, documents, and information belonging to their clients. This article sheds light on the layers of an attorney’s obligation in Maryland to preserve client files.
Applicable Rules
Lawyers are required to keep client files according to the Maryland Attorney’s Rules of Professional Conduct, specifically Rules 19-301.15 and 19-301.16. Rule 19-301.15 requires lawyers to keep records of client property they receive “for a period of at least five years after the date the record was created”. . . and promptly give back any property the client has a right to receive. This is consistent with ABA Model Rule 1.15. The Comment to Rule 19-301.15 states:
“[1] An attorney should hold property of others with the care required of a professional fiduciary. Securities should be kept in a safe deposit box, except when some other form of safekeeping is warranted by special circumstances. All property of clients or third persons, including prospective clients, must be kept separate from the attorney’s business and personal property and, if money, in one or more trust
accounts . . . An attorney should . . . comply with any other record-keeping rules established by law or court order . . . (emphasis added)
Rule 19-301.16, states that when the lawyer-client relationship ends, lawyers must return all client property, but the lawyer may retain papers relating to the client to the extent permitted by other law.
Perpetual Storage Not Required
As to the eventual right to destroy old files see Maryland State Bar Association, Committee on Ethics, Ethics Docket 2005-01. In that opinion, the Committee stated that if five years have passed since termination of representation of the client, no originals are in the files, and the lawyer has offered to return the file to the client but has received no response from the client, the lawyer may dispose of the files. If five years have not passed since termination of representation, the lawyer must retain the files for a period of five years and should use reasonable
Additional ethics opinions regarding the retention of client files and safeguarding client property can be found on the MSBA’s Committee on Ethics website which can be found at HTTPS://WWW.MSBA.ORG/ FOR-MEMBERS/COMMITTEES/ ETHICS/.
WEB EXTRA
efforts to deliver the property to the client or third party. The Opinion, which was written after the five year adaptation in Rule 19-301-15, further opined:
“It is clear from Rule 1.15(a), however, that you must continue to retain any files for a period of five years after the termination of representation of your clients. To the extent your representation of any client was terminated less than five years ago, you must retain the files for such client. In addition, [the rule] requires that you as an attorney exercise reasonable efforts in an attempt to deliver property to a client or third party. What steps will be deemed reasonable will vary with the circumstances, but we suggest that if any other reasonable means can be undertaken by you to deliver the files to the [client or other third parties] such as boxing them and having them delivered. . . you should seriously consider taking such steps before you decide to destroy the files.”
Prior to the most recent version of Rule 19-301.15(a) and the adoption of the minimum five year requirement, the Ethics Committee embraced the standards by the American Bar Association. These standards (except for No. 5) are not outdated and every lawyer may want to consider them as part of their client file retention schedule:
1. Unless the client consents, a lawyer should not destroy or discard items that clearly or probably belong to the client. Such items include those furnished to the lawyer by or on behalf of the client, the return of which could reasonably be expected by the client, and original
5. A lawyer should take special care to preserve, indefinitely, accurate and complete records of the lawyer’s receipt and disbursement of trust funds. [the term “indefinitely” was a standard that pre-dated the changes in Rule 1.15 and the adoption of the requirement to preserve such records for five years]
6. In disposing of a file, a lawyer should protect the confidentiality of the contents.
7. A lawyer should not destroy or dispose of a file without screening it in order to determine that consideration has been given to the matters discussed above.
8. A lawyer should preserve, perhaps for an extended time an index or identification of the files that the lawyer has destroyed or disposed of.
Ethics Docket No. 2005-01 (italics added).
Additionally, depending on the type of document versus the cost of storage, a lawyer may want to consider keeping certain types of documents longer than five years. Examples include:
• Documents/Contracts involving minors
• Trust funds
• Estate planning for living clients
• Tax matters
• Probate matters
By maintaining client files, you ensure the security of essential documents preserve a historical account of the attorney-client relationship.
documents (especially when not filed or recorded in the public records).
2. A lawyer should use care not to destroy or discard information that the lawyer knows or should know may still be necessary or useful in the assertion or defense of the client’s position in a matter for which the applicable statutory limitations period has not expired.
3. A lawyer should use care not to destroy or discard information that the client may need, has not previously been given to the client, and is not otherwise readily available to the client, and which the client may reasonably expect will be preserved by the lawyer.
4. In determining the length of time for retention or disposition of a file, a lawyer should exercise discretion. The nature and contents of some files may indicate a need for longer retention than do the nature and contents of other files, based upon their obvious relevance and materiality to matters that can be expected to arise.
Original documents and instruments such as settlement agreements, deeds, etc.
• Criminal matters
• Child custody/support obligations
• Prenuptial agreements
Documents relevant to legal matters whose statute of limitations has not expired, especially for legal malpractice claims
Long-term contracts with continuing obligations
By maintaining client files, you not only ensure the security of essential documents but also preserve a historical account of the attorney-client relationship. Additionally, leveraging technological advancements by keeping client files in an electronic format, proves to be a cost-effective alternative. Consider including a provision in your attorney-client legal services agreement about your document retention policy. This is essential because it acts as an additional safeguard for both the client and lawyer.
Montgomery County Family Justice Center Foundation
Launches Safe Connection Program with MBF Funding
BY KRISTY WARREN EXECUTIVE DIRECTOR, MONTGOMERY COUNTY FAMILY JUSTICE CENTER FOUNDATION
IN AN AGE WHERE TECHNOLOGY is an integral part of our lives, it's unfortunate that it can also become a tool of abuse. Digital abuse, a disturbing method of control employed by abusers, has emerged as an increasingly common way to track, monitor, and stalk victims of domestic violence. Through the grant received by the Maryland Bar Foundation, we were able to launch our Safe Connection Program to provide secure cell phones and data to victims of domestic violence seeking assistance at the Family Justice Center.
These cell phones serve as a safety net for victims who are navigating their way out of abusive relationships, which can be the most dangerous time for the victim. Thanks to the
Access to a secure cell phone is critical for victims fleeing abusive environments.
generous support from the Maryland Bar Foundation, the Safe Connection Program has taken its first steps towards making a tangible difference in the lives of abuse victims. The program's launch saw the distribution of 100 cell phones, each equipped with data, to victims of domestic violence. These phones not only facilitate communication with advocates but also serve as a crucial link to the support systems survivors desperately need during their transition to safety.
Survivors, like Rachael, often come to the Family Justice Center for help to get away from an abusive husband. Rachael’s husband was violent and controlling. He limited her access to funds and installed spyware and tracking software on her phone so he knew where she was and what she was doing at all times. Rachael’s client-assistant was able to provide her with a cell phone and data through the Safe Connection Program. This phone gave Rachael a sense of security and freedom from the constant surveillance of her husband. It enabled her to stay in touch with her client-assistant and coordinate the additional
services she needed while staying at the domestic violence shelter, all without being monitored or tracked by her husband.
Access to a secure cell phone is critical for victims fleeing abusive environments. It allows them to maintain communication with trusted individuals, staying connected to their safety plan and informed about legal processes and resources while also retaining a sense of agency. The Safe Connection Program's initiative is not just about providing technology—it's about restoring dignity and control to survivors who have endured unimaginable hardships.
In a world where technology can sometimes be a double-edged sword, the launch of the Safe Connection Program stands as a beacon of hope. By equipping survivors with the tools they need to reconnect with their support networks and rebuild their lives, the program is a testament to the transformative power of empathy and innovation—helping victims of abuse become survivors.
A MEANDERING LEGAL JOURNEY
BRYAN SAXTON Partner, Rosenberg Martin Greenberg, LLP
Prioritize family and don't fear failure. These two pieces of wisdom gave me the courage to become an entrepreneur and run my own firm successfully for an extended period.
Photo courtesy of Travis Marshall Photography
BRYAN SAXTON'S JOURNEY INTO THE LEGAL PROFESSION started when he attended Georgia Southern University and served as the Student Government Association president. From there, Saxton earned a master's degree in educational leadership and college student personnel. Law school was not on his radar until he was encouraged by a mentor.
"I ended up having a graduate assistantship advising the [University's] student court, which was the student body that heard non-suspendable offenses," Saxton said. The role required interfacing with the university's counsel at the time, and Saxton credits those interactions for sparking his interest in law. "I got close to the university's counsel . . . and she asked if I had ever considered law school?"
Saxton recalled. "She also gave me my first Black's Law Dictionary." Saxton went on to complete an independent study in the area of education law, and the experience would serve as an introduction to the field of law.
In 2009, Saxton graduated from the University of Maryland School of Law and started his own practice after gaining experience at various firms in the Baltimore area. The decision proved to be a significant turning point in Saxton's career. "I was billing 2400 hours a year when I decided 'I need a change,' so I started my own firm
How does your engagement with MSBA benefit your law practice?
Being part of an MSBA section may not seem directly related to attracting clients, but the most valuable aspect is building relationships with other practitioners in my field. These relationships have made transactions smoother. When I encounter someone from the Real Property Section on the other side, whether they've been involved for a year or five, we have a positive rapport. This foundation of mutual respect and familiarity helps us work together effectively, even if we have disagreements during a deal.
What is the best piece of advice you have received from someone in the legal profession?
This piece of advice comes from Hamish Osborne. He graduated from Maryland Law as well. I met him while studying in Maryland. One of the reasons I chose to go to Maryland for law school was because of financial assistance;
The most valuable aspect of MSBA section membership is building relationships with other practitioners.
and was planning on doing that for a while until I got a call from a recruiter." Saxton recalled, "I was trying to convince [the recruiter] to hire a paralegal to assist with the volume of my matters, but she convinced me to talk to the folks here at Rosenberg Martin."
Saxton is a partner in the firm's real estate and business transaction group, focusing on commercial real estate acquisitions, dispositions, retail, office, and industrial leasing, and business transactions. "It's been a little bit of a meandering journey, and there's been a few stops along the way," Saxton said.
Saxton lives in Catonsville with his wife and two children ages, 14 and 11, Alongside juggling the demands of work and family, Saxton gives back to his community by mentoring law students and championing causes related to housing security—an issue that hits close to home due to Saxton's own personal experience with homelessness as a child. Saxton also contributes significantly to the Maryland legal community in his spare time. He is deeply involved with the Maryland State Bar Association (MSBA), serving on the Real Property Section Council, including as Chair, and is currently an active member of the Maryland Bar Foundation.
Hamish funded my scholarship. I considered him both a mentor and a friend. When I graduated and had to take the bar exam, my wife was about to give birth, and I was concerned about the economy. Hamish said family always comes first, and that stuck with me. Later, when I contemplated leaving a busy firm to start my own, Hamish wasn't around, but I remembered his advice: prioritize family and don't fear failure. These two pieces of wisdom gave me the courage to become an entrepreneur and run my own firm successfully for an extended period.
What’s your favorite hobby?
I don't have a specific hobby that's my favorite, but our family does travel a lot. We went to Mexico this summer for example, and my wife is a travel agent. The travel agent thing grew out of the love of travel—even in law school, my wife and I went to Athens, Greece, and we have been to a lot of places since then. So have my kids, even though my son acts like he doesn't remember. Recently, he had to do a presentation on a country, and he was like, ‘I've never been to another country,’ and my wife and I were like, ‘You've been to 24 countries, buddy.’
A CULTURE OF INCLUSIVENESS LERCH, EARLY & BREWER
AS LERCH, EARLY & BREWER approaches its 75th anniversary, it is not just keeping pace with the ever-evolving legal profession; it is setting the standard for what a modern law firm should be. Lerch Early’s dedication to maintaining a culture of inclusiveness, and its commitment to its clients and the community it serves sets it apart in the legal profession. The firm’s longevity is a testament to its ability to evolve while staying true to its core values.
Lerch, Early & Brewer’s History
Henry Lerch and Wilton Wallace founded Lerch, Early & Brewer (Lerch Early) in 1950. Since its inception, the firm has been focused not only on providing high-quality legal services to its clients, but also on being deeply involved in the Montgomery County community. Managing Partner Steven A. Robins shared, “I can't say enough about our commitment to really giving back and serving in the community in which we practice—it's very important to us. We encourage people to take leadership roles and really get involved in what they do.”
Photo courtesy of Travis Marshall Photography
Lerch, Early & Brewer's Management Committee. From left, Sharon Nelson Craig, Managing Partner Steve Robins, Stacy Plotkin Silber, Bill Goldberg, Jeremy Tucker, and David Kay.
Over the years, Lerch Early has held true to its principles, while also understanding that it needed to continuously adapt and grow over the years to meet the evolving needs of its clients. It became a full-service firm offering services in diverse practice areas, including litigation, real estate, land use, community associations, estates and trusts, employment and labor, business and tax, and family law.
Ruth O. Katz, who is set to become the first female Managing Partner in January, reflected on the firm's comprehensive services, noting “We feel like with that
participated in a Directed Dialogues Series DEI Certification Program hosted by the Bar Association and Bar Foundation of Montgomery County in conjunction with Equity Through Action. The series involved 12 weeks of education, assessment, and goal setting to help law firm leaders integrate DEI into the culture, operations, strategies and priorities of their firms. Lerch Early also has a DEI committee made up of attorneys and staff, to ensure continued implementation of the firm’s diversity plan and foster an inclusive work environment. And this summer, the firm became one of The Daily Record’s inaugural
There's a really great group of lawyers that are really doing everything that we can to ensure that we're around for a long time to come.
broad range of various practice areas, we're better able to serve our clients and their needs.” Robins agreed, saying, "[w]e really try to understand our clients, businesses and their needs, and focus on how to achieve the goals that they are really trying to achieve.”
A Commitment to Growth, Diversity, Equity, and Inclusion
In recent years, Lerch Early has focused on growing the firm to allow it to better serve its clients, opening offices in Prince George's County and Virginia. Katz elaborated on the recent growth of the firm, stating, “many times people can't come into Bethesda, and we want to be where our clients are, and serve them as well as we possibly can.”
Lerch Early also recently made the strategic decision to add 15 attorneys, including some with experience in government relations and qualified retirement plans to enhance existing practice groups and to enlarge the firm’s skill sets. Katz says “it's a good mix of experience and new ideas to help us grow.”
While Lerch Early emphasized growth and expansion over the past few years, it placed equal importance on fostering diversity, equity, and inclusion (DEI). Katz emphasized the firm's proactive approach to fostering DEI, stating, "We do it in our recruitment and hiring, ensuring that we are getting candidates and retaining diverse candidates. We also participate in the [Bar Foundation of Montgomery County] Summer Scholars Program to get placements with diverse candidates."
The firm's DEI initiatives extend beyond recruitment and hiring, however. Robins and other firm members
Empowering Women honorees in a nod to Lerch Early’s commitment to hiring and advancing women.
During his tenure as managing partner, Robins felt that it was important to focus on succession planning, noting it’s “not only an important issue but also one that’s overlooked a lot.” He believed planning for the future of the firm is essential not only for the firm’s attorneys but also for their clients.
Robins and Katz both credit Lerch Early’s longevity to the fact that it is more than just a place to work; it's a place where people genuinely care about each other's well-being, personally and professionally. Robins shared, “[e]veryone is valued and feels valued. I think that's really part of our core values is how we treat not only our clients, but how we treat our own people. We're all working to achieve the same results.” Katz echoed this sentiment, emphasizing how the firm's culture plays a crucial role in its prosperity. "I think it's such a good place to work, and people care about it so deeply, that everyone's invested in its success. There's a really great group of lawyers that are really doing everything that we can to ensure that we're around for a long time to come."
Looking ahead, Katz believes Lerch Early will continue to assess whether there are other practice areas they could add to enhance their clients’ experience, and other locations they should expand to as well. It is clear that whatever the future holds, Lerch Early is well prepared to adapt to meet their clients’ needs and will continue to thrive for decades to come.
Steven A. Robins
STEVE ROBINS IS A LAND USE ATTORNEY who represents prominent national and regional developers and property owners in high-visibility projects predominantly throughout Montgomery County. He currently serves as Lerch Early’s Board Chair and Managing Partner.
How did you end up Lerch, Early & Brewer?
At the time, I had the good fortune of practicing at Hogan & Hartson, but I felt that I needed to be back in Montgomery County to expand my practice. I was always very familiar with Harry Lerch, Robby Brewer, and others in the firm and had great admiration for them. I decided to see if they would be interested in me joining the firm and they were. One thing led to another and I decided to join Lerch Early and practice again with people that I knew and felt very comfortable with and really respected. I joined them in August of 2001 and it's been a great run. I've enjoyed my practice, the time I’ve spent with my colleagues, and my time as managing partner.
Ruth Katz
KATZ, PRINCIPAL, CO-CHAIRS
Lerch Early’s Community Associations practice group. She is a community associations attorney who helps board members of condominiums, homeowners, and cooperatives associations govern effectively. She provides general counsel to and resolves disputes for boards and property management companies in Maryland, DC, and Virginia.
What motivated you to become a lawyer?
I was an accounting and finance major in college. I took a mandatory business law class and became so enamored with law as opposed to accounting and finance, I decided that was what I was going to do—to the chagrin of my dad. So I went to law school and I loved it. Here I am, 20 years later, and I really enjoy it. I enjoy counseling, I enjoy the different issues that come up every day.
Tell me about your practice.
I represent community associations, like condominiums and homeowners associations, and cooperatives, predominantly in Maryland, but also in DC and Virginia. I co-chair my practice group with my partner, Jeremy Tucker. We do everything for
How has MSBA helped you in your career?
I think MSBA is terrific in terms of the information and the knowledge sharing that it provides. MSBA also had a managing partners group that got together during the pandemic on a pretty routine basis to share viewpoints about making it through the pandemic, whether it was how to deal with remote work or other ideas, which was very helpful. MSBA is also extremely valuable particularly for our litigators in the firm.
community associations in our department, including collection of delinquent assessments, assistance with meetings, governance, maintenance, responsibilities, budgeting, construction defect, and everything in between. We consider ourselves kind of general counsel for associations. We have a team of six lawyers in our group and about six paralegals that help service our clients.
RUTH
AI for Legal Risk Management
BY PAMELA LANGHAM, ESQ.
THE LEGAL LANDSCAPE IS CHANGING due to artificial intelligence (AI) as I am writing this article. The role of AI in legal risk management will change how a lawyer assists their clients in identifying, assessing, and mitigating legal risks. This article will focus on the intersection of AI and legal risk management, exploring the potential benefits of enhancing decision-making, streamlining compliance, and safeguarding an organization’s exposure to litigation.
Some areas where AI can improve legal risk management assessments include governance, risk, and compliance programs, educating corporate boards on the rapidly evolving field of legal compliance, developing a risk management strategy, and legal AI.
Governance, Risk & Compliance Programs
AI has an important role in corporations’ governance, risk management, and compliance efforts, especially around fraud detection and protection. Governance, risk management, and compliance (GRC) software platforms have been used for years and are vital tools almost all compliance and risk departments use. Incorporating AI in these existing software platforms offers the potential for improving the detection of risk, audit, control deficiencies, identifying patterns, and prioritization of risk assessments.
Many organizations, not just financial institutions, must be on the lookout for fraud. AI tools can suggest suspicious transactions and logins for humans to analyze and verify if the fraud is real and train the AI to alert or reject similar future transactions.
AI Risk Management for Corporate Boards
Board Directors must continually educate themselves on the rapidly evolving laws and regulations governing not only AI but all areas of the law to ensure compliance. AI will give them the capability to stay up to date and track new legislation, regulations, and case law on multiple and various topics that expose the company to litigation. Board Directors must also continually educate themselves on the demands of their clients or consumers on the existing operations of their organization. Incorporating AI into a corporate board’s existing method of governance will offer the potential for improvements in data analysis, cybersecurity, compliance, and regulatory monitoring, board meeting insights and patterns, strategic planning, risk management, diversity and inclusion, and customer insights.
software can spot risky language in contracts, discover terms that are omitted, and identify any deviations in the standard boilerplate language. An organization can make more informed, strategic risk management decisions about contract risks with these AI legal risk management tools. AI can scan and rapidly identify and, compare, and contrast clauses to the organization’s preferred language or templates. These tools can help procurement officers, contract managers, risk managers, or legal professionals determine how to modify the contract terms to align them with the organization’s goals.
Legal AI
Legal AI can help lawyers focus, work, and deliver faster and more efficiently in their practice. It can assist with the challenging
AI tools can suggest suspicious transactions and logins for humans to analyze and verify if the fraud is real and train the AI to alert or reject similar future transactions.
AI for Risk Management Strategy
Analyzing data to develop and manage a risk management strategy is very cumbersome. Current software platforms have assisted organizations for years in analyzing volume of data to strategically develop a plan for risk management. Incorporating AI into these already existing software platforms will enhance and expedite the process. Rest assured, additional data regulations for AI and otherwise are on the horizon. AI can improve on an organization’s current method of developing and managing these new regulations and the risk involved.
Claims Management
Multiple products in the market today are incorporating AI into their case management software, driving better outcomes for businesses and their insurance companies. These software systems are achieving better outcomes for claim assessment and proactively and automatically monitoring changes in risk, reducing their duration and cost. The software also preserves your business’s institutional knowledge to increase automation. The software improves profitability by reducing (improving) loss ratios and helps corporate counsel make quicker risk assessments.
Contract Management
Any lawyer who has reviewed contracts for an organization knows the painstaking time it takes to get through a multi-page contract with endless boilerplate paragraphs looking for the smallest deviation of the norm. After spending hours reading and interpreting the repetitive and boring verbiage in contracts, lawyers (humans) often make errors. AI legal risk management
tasks of drafting and maintaining internal documents and policies, contract review, document review, and much more.
AI Creates Its Own Risk for an Organization
AI itself, actually creates a new type of risk for an organization. If left unchecked, it has the potential to produce false responses. AI also has the potential to harm organizations and people by perpetuating biases, exposing an organization to greater cybersecurity threats and potential intellectual property violations. There is a possibility that AI poses threats yet unseen and undiscovered. There is no doubt that AI can benefit organizations by enhancing efficiency. But remember, AI is only as accurate and unbiased as the data it is trained on. Humans are still needed to verify AI queries and responses.
Don’t Leave the Humans Out of the Legal Risk Management Picture
AI has and will continue to change the landscape of legal risk management, offering insights and efficiencies to businesses and legal professionals. Assistance with streamlining compliance processes and enhancing decision-making more than makes up for the additional risk of using AI in an organization. It not only reduces manual and mundane tasks, freeing time for employees to perform other tasks, but it ultimately gives an organization better protection from potential liability. Of course, human oversight of any and all AI systems is of paramount importance to ensure that the implementation of AI is done ethically and accurately. Don’t leave the humans out of the legal risk management picture!
Five-Year Report on Law on the Frontlines Project Released
BY REENA SHAH, CATHERINE MCGUIRE, AND JOAN BELLISTRI
Unlike the criminal justice system, the civil justice system provides no right to an attorney in most matters if a person cannot afford to hire an attorney.
THE MARYLAND ACCESS TO JUSTICE COMMISSION, in partnership with the Thurgood Marshall Law Library and the Conference of Court Law Library Directors, is proud of the work accomplished through the Law on the Frontlines Project. The collective has released its five-year report, Law on the Frontlines: Legal Reference for Public Libraries. Below are excerpts from the Report that explain the relationship between quality legal information and filling the access to justice gap and the impact of the Frontlines Project.
The Access to Justice Gap & the Need for Quality Legal Information
“Access to Justice starts with access to quality legal information.”
- Maryland Access to Justice Commission
The Legal Services Corporation’s 2022 Justice Gap Report found that a staggering “3 in 4 low-income households experienced one or more civil legal problems”1 in the previous year; additionally, those same low-income Americans did not get “any or enough legal help for 92% of their substantial civil legal problems,”2 which often involve basic human needs like shelter, safety, and economic security. The Report
concludes that most Americans deal with these life-altering civil legal problems by “go[ing] it alone”3—“without any legal information, advice, or representation”4 to help them resolve their problems.
Unlike the criminal justice system, the civil justice system provides no right to an attorney in most matters if a person cannot afford to hire an attorney. Tackling this yawning access to justice gap necessitates innovations involving a broad range of partners both inside and outside the legal profession. As mentioned in the LSC Report, the gaps in access fall on a spectrum, starting with a lack of access to legal information. Receiving quality and timely
1 THE JUSTICE GAP: THE UNMET CIVIL LEGAL NEEDS OF LOW-INCOME AMERICANS at https://justicegap.lsc.gov/ resource/executive-summary/ (last checked on 9/9/23).
2 Id.
3 THE JUSTICE GAP: THE UNMET CIVIL LEGAL NEEDS OF LOW-INCOME AMERICANS at https://justicegap.lsc.gov/ resource/section-1-introduction/ (last checked on 9/9/23).
4 Id.
The vision of Frontlines was to enable and empower public library staff across the state to provide quality legal reference in their local communities to ensure that legal information about the civil justice system is accessible to every Marylander who needs it.
legal information from trusted sources during a time of stress and upheaval cannot be underestimated. Indeed, it can be the difference between being set on the road to a legal solution or going down a legal spiral.
As experts in legal information, law libraries and law librarians have long been allies in the access to justice movement because they have a duty to serve the public and provide legal information. Richard Zorza, one of the leaders and founders of the access to justice movement and an architect of expanding services to self-represented litigants (SRLs, i.e., those who are trying to navigate the civil justice system on their own), recognized that “law libraries have great potential to play an important role in making the judicial system more user-friendly and accessible to people without lawyers.”5 This holds true in Maryland, where the public and SRLs were the largest patron base of law libraries, constituting 75% of 32,666 service interactions in 2022.6
Access to justice movement leaders also saw great potential in partnering with public libraries and public library staff. Public libraries have greater geographical reach and more accessible evening and weekend hours than court-located law libraries and public library staff are recognized as trustworthy information experts in their communities. However, a recurring roadblock with this approach was that public librarians were hesitant when dealing with legal reference questions for fear of crossing the line between legal information and legal advice, i.e., the unauthorized practice of law (UPL).7 The need for education and training to change the default perspective on UPL to permitting legal
reference rather than restricting it was evident. Law librarians were the obvious and best conduits to achieve this change, given their facility with helping SRLs with their legal questions without crossing the line into UPL.
Teaching about legal information is an inherent part of a law librarian’s responsibilities. In Maryland, law libraries and law librarians have a long history of training public librarians in legal reference. The Law on the Frontlines Project (“Frontlines”) took existing and longstanding on-request training efforts and formalized them.
Spearheaded by Catherine McGuire, Reena Shah, and Joan Bellistri in 2016, the Thurgood Marshall State Law Library,8 the Maryland Access to Justice Commission (which is now powered by the Maryland State Bar Association),9 and the Conference of Maryland Court Law Library Directors10 forged a partnership and worked to create the first statewide curriculum and a continuous training program for public library staff in legal references in the state of Maryland. The vision of Frontlines was to enable and empower public library staff across the state to provide quality legal reference in their local communities to ensure that legal information about the civil justice system is accessible to every Marylander who needs it. Frontlines reached out to leaders at the Maryland State Library (MSL) and successfully enlisted the MSL’s support to offer the curriculum to all regional and county public library systems in Maryland. The training, which was called Law on the Frontlines: Legal Reference for Public Libraries, began in 2018.
Frontlines Project Impact
Unique Frontlines Curriculum
The Frontlines curriculum was different from traditional training provided to public library staff. Maryland’s law librarians had a longstanding presence in providing on-request classes to general reference staff in public libraries in classic “legal research,” with a concentration on identifying the laws – statutes, regulations, and cases—defining a particular legal question. Through relationships with public library systems, law librarians were able to see the need to develop a course more tailored to the needs of those on the frontlines.
5 Zorza, Richard, THE SUSTAINABLE 21ST CENTURY LAW LIBRARY: VISION, DEPLOYMENT AND ASSESSMENT FOR ACCESS TO JUSTICE (April 2012), as seen in LAW LIBRARIES AND ACCESS TO JUSTICE A Report of the American Association of Law Libraries Special Committee on Access to Justice July 2014, available at: http://www.aallnet.org/wp-content/uploads/2018/01/AccessToJusticeSpecialCommittee2014LawLibrariesAndAccessToJustice.pdf (last checked on 9/9/23).
6 RESOURCES FOR THE SELF-REPRESENTED IN MARYLAND COURTS, FY2022, p. 28 at https://www.mdcourts.gov/sites/default/files/import/accesstojustice/ pdfs/srlreportfy22.pdf.
7 In a survey conducted in 2012 by Minnesota Legal Services State Support, 77% of public librarians were concerned about providing legal information. A common concern in 25% of these responses was crossing the line from legal reference to legal advice. MN Legal Services State Support, 2012 Survey, summary http://www.lawhelpmn.org/resource/public-libraries-access-to-justice-project, as cited in LAW LIBRARIES AND ACCESS TO JUSTICE A Report of the American Association of Law Libraries Special Committee on Access to Justice July 2014 at http://www.aallnet.org/wp-content/uploads/2018/01/AccessToJusticeSpecialCommittee2014LawLibrariesAndAccessToJustice.pdf (last checked on 9/9/23).
8 Thurgood Marshall State Law Library: https://mdcourts.gov/lawlib.
9 Maryland Access to Justice Commission: https://www.mdaccesstojustice.org/.
10 Conference of Maryland Court Law Library Directors: https://mdcourts.gov/lawlib/about-us/CMCCLD.
In response, the State Law Library, over the past decade, shifted its training focus from the law itself to how legal information questions were managed. This curriculum addressing management of the interaction became the base of the Frontlines statewide curriculum.
Through every training, the goal of Frontlines is to ensure learners glean the following:
• Understand the connection between legal reference and the access to justice gap;
• Increase the comfort level of public library staff with legal information questions;
• Increase the understanding of best practices for legal reference;
• Grow knowledge of reliable basic resources; and
• Ensure public access to quality legal information to address access to justice issues.
Frontlines Impact by the Numbers
Five years since the first Frontlines training took place, Frontlines has conducted 30+ in-person and virtual trainings and is proud to have trained almost 1200 information providers, including public library staff in all 23 Maryland counties and Baltimore City.
Positive Feedback on Frontlines
Recalling that the main purpose of Frontlines is to empower public library staff to transform their default response to a legal reference question from “no, I cannot help” to “yes, I can help,” we are proud to report on the success of the endeavor.
This 2019 Frontlines Training video11 shows that the trainings are having the desired impact:
“[The training] was helpful in giving me more tools to answer [legal reference] questions instead of being more likely to say, no, I cannot do anything for you.”
—Elaine Conway, Queen Anne’s County Library (2019)
Post-session survey results also show positive results, indicating that a full 100% of respondents find the training helpful. Specific feedback is positive:
“All of the sessions have been very informative and have made me more confident in helping customers with law questions.”
Frontlines Website & Resources
In addition to developing the curriculum and conducting the training, the Thurgood Marshall State Law Library developed a landing page for the Frontlines Project, which links to a Training Sessions page where past training sessions are available online and on-demand to view. Another resource for public librarians that was developed prior to the Frontlines curriculum is the Maryland Public Library
The main purpose of Frontlines is to empower public library staff to transform their default response to a legal reference question from “no, I cannot help” to “yes, I can help.”
Toolkit,12 which is designed for public library reference staff as a reference guide to Maryland’s primary and secondary legal resources. The Toolkit continues to serve as a strong supplement to the Frontlines training.
Frontlines also worked with leadership at each public library system in Maryland to update the legal reference pages on their websites to align with the Frontlines curriculum and to raise awareness among public library patrons through posters that publicized the availability of legal information services from local public library staff.
Frontlines Gains National Attention
The early success of the Frontlines program, as well as its precursors, brought Maryland to national attention with the development of OCLC WebJunction’s Creating Pathways to Civil Legal Justice. In partnership with the Legal Services Corporation, WebJunction developed a series of learning opportunities to address legal information reference services. Catherine McGuire, developer of the Frontlines curriculum, was invited to teach portions of the series, incorporating into the national curriculum concepts that had been standard in Maryland for some time.
Frontlines Project Future
We have already identified a need to go beyond public libraries and public library staff to educate and train more professionals who are on the “frontlines” of information services that address legal and crisis situations. For example, in 2021, Maryland was only the second state in the country to pass a state-wide Access to Counsel in Evictions law.13 The implementation of this law has led to the creation of the first coordinated intake system for civil legal aid in the state. The system routes Marylanders to legal help through the information experts at the 211 Helpline of the United Way of Central Maryland.14 Further, the implementation of the law may involve the use of other professionals who are outside the legal profession but allied in filling the access to justice gap, including intake specialists, court navigators, community organizers, paralegals, and more.
12 Maryland Public Library Toolkit: https://mdcourts.gov/lawlib/using-library/for-librarians/public-library-toolkit.
13 Access to Counsel in Evictions Task Force: https://www.marylandattorneygeneral. gov/Pages/A2C/index.aspx.
14 United Way of Central Maryland 211 Helpline: https://www.uwcm.org/211.
Conclusion
Frontlines is proud of the work it has completed and the impact it has had over the last five years to increase access to quality legal information in Maryland. It looks forward to growing and expanding to meet the legal information needs of Marylanders – because we know that access to justice starts with quality legal information.
Deb Seltzer
A Champion for Access to Justice
WITH AN UNWAVERING PASSION FOR SOCIAL CHANGE, Deb Seltzer has carved a remarkable path pursuing access to justice for Marylanders. For Seltzer, who served as the Executive Director for the Maryland Legal Services Corporation (MLSC), the largest funder of civil legal aid in Maryland from August 2021 to November 2023, access to justice is not just a catchphrase; it's a profound belief that everyone, regardless of their background or circumstance, should have equal access to the civil justice system.
"There are many challenges hindering access to justice," Seltzer explained. She points out that "more than 75% of individual clients served by MLSC's grantees last year were people of color." The figure aligns with national research that has shown people of color are more likely to face the most severe civil legal problems. According to Seltzer, addressing systemic issues, like poverty, information gaps, and structural racism, is crucial for achieving true access to justice in Maryland. "The pandemic laid bare some of the legal issues that lowincome families and households have long faced," Seltzer said. Citing Maryland’s Access to Counsel in Evictions program, Seltzer noted that the right to counsel was an area ripe for growth in the realm of access to justice. "We've long recognized that no one should face
Photo courtesy of Travis Marshall Photography
“
Access to justice is not just a catchphrase; it's a profound belief that everyone, regardless of their background or circumstance, should have equal access to the civil justice system.
the criminal justice system without an advocate, and I believe the same is true of the civil justice system. Economic status should not be an indicator of access to justice," Seltzer said. Seltzer spent more than seven years at MLSC, first as its deputy director and grants manager and then as Executive Director, before announcing that she would be moving out of state to be closer to family. Reflecting on her tenure, she expressed immense pride in her exceptional team and their success in bringing several initiatives to life, including a grant program designed to boost staff salaries and benefits for grantees and the Access to Counsel in Evictions program, which established a statewide right to counsel for tenants facing evictions.
Seltzer highlighted the important alignment between the goals of the Access to Justice Commission and MLSC. The organizations have joined forces, together with a coalition of Maryland’s legal service providers, to advocate for various access to Justice solutions for Marylanders. "The goals of the Commission and MLSC are so compatible that the MLSC executive director has a permanent seat on the Commission," Seltzer said. The role has allowed Seltzer to share valuable insight and feedback. "As executive director of MLSC, I have frequent contact with Maryland's civil legal services providers. Their frontline experience informs the work of MLSC and the Commission," Seltzer said. "Serving on the Commission offers an opportunity to connect with the private bar and public sector, as well as uplift the voices of the civil legal aid providers who are the true experts in access to justice."
Based on your experiences, how do you see the landscape of access to justice evolving recently?
I think we are also seeing both internal and external recognition of changes needed to ensure civil legal aid jobs are attractive to attorneys, paralegals, and others at all stages of their careers. Recruitment and retention of staff is key to the stability of the delivery system, and we must devote more resources to personnel in order to offer effective services.
What can you tell us about the important role MLSC plays in the fight for access to justice for Marylanders? The mission of MLSC is to ensure low-income Marylanders have access to stable, efficient, and effective civil legal assistance through the distribution of funds to nonprofit
legal services organizations. The Maryland General Assembly established MLSC in 1982 as an independent nonprofit to distribute funds from the IOLTA program and other sources. MLSC currently provides funding to 41 nonprofit grantees throughout Maryland to ensure that eligible clients in all areas of the state have access to legal assistance. This civil legal aid helps ensure fairness in the justice system.
Looking back, what experiences or people would you say have significantly influenced your personal and professional outlook?
I was so fortunate to work with and learn from Susan Erlichman, my predecessor, who was with MLSC for more than 30 years. Being able to learn from her prepared me for this multifaceted role.
What advice do you have for young professionals who are just starting out in the profession?
Consider a career in civil legal aid! I am not an attorney, but I have experienced firsthand the collaborative, generous, supportive community in this field. Pair that environment with the chance to make a real difference in the lives of Marylanders who most need your help, and you have an incredibly rewarding combination. If you're on a different career path, use your specialized skills to do pro bono work. Not only do MLSC's grantees offer training for pro bono attorneys, but you can build litigation and other skills early in your career.
What is a hobby or personal pastime you dedicate time to? Why?
I have volunteered as a puppy raiser and sitter for Guiding Eyes for the Blind, an organization that trains dogs to guide people with visual loss. Puppies are placed with volunteer raisers for about 18 months, and raisers work with them on basic obedience and socialization. Then, the dogs go back to Guiding Eyes for specialized tests and training. It's an immensely rewarding experience with the added benefit of a lot of puppy love!
Name something that might surprise those who know you professionally.
My claim to fame is that I was on Jeopardy! in 2018. I lost, but the experience was so much fun. I love trivia, so it was definitely a bucket list item.
Revolutionizing Access to Justice: MARYLAND'S COORDINATED INTAKE SYSTEM
Access to counsel is an essential component of any fair and equitable legal system. While people have a constitutional right to an attorney in criminal proceedings, the Constitution does not provide a categorical right to counsel in civil proceedings, and many low-income civil litigants lack legal representation. The net effect of this reality is that pro se parties experience disproportionately worse outcomes than those that can afford to hire an attorney. This is especially evident in
eviction cases, where tenants frequently lack the support needed to navigate complex legal proceedings.
In recent years, Maryland has made great strides toward leveling the playing field in eviction proceedings, including establishing only the second statewide legal right to access counsel in eviction proceedings nationwide. As part of the implementation of the new Access to Counsel in Evictions law, Maryland now has something it has never had before: a Coordinated Intake System that will simplify and expedite the process of obtaining legal assistance. The United Way of Central Maryland (UCWM) and Civil Justice, Inc. pioneered a system that, as Elaine Pollack, Assistant Director of 2-1-1 Maryland at United Way Helpline noted, is poised to “turn the tides” in eviction cases, and the more Coordinated Intake becomes known, the more changes could be seen systemically.
Access to Counsel in Evictions in Maryland
Prior to the pandemic, over 650,000 eviction cases were filed each year in Maryland, even though there were only about 800,000 renter households. The pandemic only served to worsen the situation, prompting the Office of the Attorney General and the Maryland Access to Justice Commission to establish the Attorney General's COVID-19 Access to Justice Task Force (COVID-19 A2J Task Force) in the summer of 2020 to identify and address systemic barriers that prevented keeping vulnerable Maryland families in their homes, in addition to addressing other substantive areas within the civil justice system. The COVID-19 Task Force put forth several recommendations to reduce the number of evictions in Maryland, including the creation of the right to counsel in evictions program. After vigorous advocacy from the Maryland Access to Justice Commission, the Attorney General’s Office, the Maryland Legal Services Corporation (MLSC), and a coalition of civil legal aid organizations, the Maryland General Assembly passed HB18 in April 2021, putting this key Task Force recommendation into effect, creating the Access to Counsel in Evictions Program (ACE Program).
The ACE Program provides eligible tenants with access to free legal representation for eviction proceedings. HB18 also created an Access to Counsel Task Force (ACE Task Force), which is currently chaired by the head of the Maryland Access to Justice Commission, to study potential funding sources for the ACE Program, make recommendations on how to improve the implementation of the Program and evaluate the provision of services provided as a result of the Program. The ACE
Task Force issued its first major report in January 2022, in which it recommended the creation of a Coordinated Intake System to help implement the ACE Program. MLSC, the administrator of the ACE Program, sought proposals for a coordinated intake system. UWCM, which had become more involved and familiar with civil justice issues through its involvement in the COVID-19 A2J Task Force, submitted a proposal, which was accepted by MLSC.
Maryland's First-Ever Coordinated Intake System
The primary goal of the Coordinated Intake System is to simplify the process for tenants who are seeking legal assistance in eviction matters. In other words, Coordinated Intake aims to remove one of the current barriers to representation, which is that tenants would typically have to undergo the arduous and time-consuming process of finding the contact information for, and contacting, multiple legal services organizations and undergoing numerous intakes and interviews to determine whether they met the applicable eligibility requirements. Having to go to such lengths to access legal representation is not only frustrating, it often results in delays in taking necessary actions in the courts, which in turn adversely affects their cases.
By associating Coordinated Intake with an easy-to-publicize number that is already associated with information and referral in Maryland, 2-1-1, Coordinated Intake strives to broaden access to representation by creating a wide funnel that catches as many tenants as possible and connects them to legal representation. Further, by removing a key barrier to finding available legal representation, it is anticipated that Coordinated Intake will improve outcomes for tenants, as the main correlation between improved outcomes in eviction matters is having representation. The Coordinated Intake System includes three unique components:
• a centralized telephone number for tenants facing eviction across the state of Maryland to connect with counsel;
Coordinated Intake strives to broaden access to representation by creating a wide funnel that catches as many tenants as possible and connects them to legal representation.
• a web-based client portal for intake and to guide people to the appropriate help; and
• an electronic referral system among all organizations involved that creates a closed loop for data and reporting, with the ability to track an individual from the time the individual enters the system through the termination of services.
“The referral system in itself is a gamechanger for Maryland,” said Reena Shah, Executive Director of the Maryland Access to Justice Commission. At present, there is suspicion, but no way to know if people who start seeking services at one civil legal aid organization and are denied, actually make it to the next organization and whether they receive the help they need. The closed loop creates opportunities to capture people once they enter the system, do warm hand-offs, and evaluate if they received the help they sought. “This will greatly help minimize people simply falling through the cracks,” reinforced Shah.
To create the Coordinated Intake System, UWCM sought the expertise of Civil Justice and A2J Tech. A2J did the work behind the scenes, namely developing and maintaining the technology and architecture for the program. Civil Justice works directly with the legal services providers, provides legal expertise and training to UWCM staff, and reviews difficult cases or assists when urgent action is needed. UWCM runs the centralized telephone number for tenants, through which it screens and interviews tenants,
reviews online intakes and connects tenants with the legal services organizations best suited to meet their needs.
Sarah John, Ph.D., Program Manager of the Coordinated Intake System from Civil Justice, noted that one challenge they faced when creating the system was determining how to deal with the potential demand, given the high rate of eviction filings in Maryland. John believes a reasonable estimate of intakes when the system is fully operational statewide is in the tens of thousands, which equates to hundreds of intakes potentially being performed each day. Further, the ACE program legislation mandates representation for certain proceedings, and each legal services provider has different eligibility requirements, which means that Coordinated Intake requires a significant amount of information to determine the right legal services provider for each tenant.
Tenants seeking legal representation can access the system either through the online intake form or by calling UCWM’s 211 Helpline, which is a free and confidential service helping people access health and human services. It is anticipated that intakes will be predominantly completed by phone, even when commenced online. Fortunately, the UCWM staff members who field calls for 211 calls are information experts who have ample experience handling a high volume of calls. They play a pivotal role in the Coordinated Intake process, as they identify 211 callers who may be facing eviction and transfer them to ACE specialists.
In order to find the best provider for the tenant, the ACE specialist will conduct an in-depth interview, during which they will gather the required information and submit it to the online platform. The program’s algorithms will then narrow down the options and select the most suitable legal service provider for each individual’s unique circumstances. The tech platform then informs the selected provider that there is a case awaiting a conflict check. If the provider establishes there's no conflict, then they can assess the case details and whether or not they believe that they can accept or represent a tenant.
If there is a conflict, the tech platform is notified, and Civil Justice will go to the next most likely organization to help the tenant. In other words, instead of the tenant laboring during a time of intense stress to find help with their civil legal problem, the Coordinate Intake System will do the heavy lifting and ease their burden.
While it is possible for people to complete the intake process independently using the online intake form, John expects Civil Justice will need to follow up with most tenants after their online application.
Taking the Coordinated Intake Program Statewide
The Coordinated Intake Program launched in Baltimore City on October 1, 2023, and is expected to be statewide by 2025. Information about Coordinated Intake will be disseminated via media outlets and by door hangers and pamphlets in both English and Spanish and tabling events in communities where people who could benefit from Coordinate Intake live.
UWCM and Civil Justice both enlisted additional staff members to ensure adequate management of Coordinated Intake. UWCM hired four ACE specialists in anticipation of the launch in Baltimore City and anticipates it will need to hire another four by the time Coordinated Intake is statewide. Civil Justice added John to their staff, as well as a program coordinator and a program attorney. The program attorney's role is particularly significant, as they help train UWCM’s Coordinated Intake staff and provide immediate advice and support to tenants, especially those who may have missed important deadlines in their case.
As implementation rolls out statewide, it paves the way for broader access to justice and provides a roadmap for how the legal community can leverage legal tech resources to create a fairer system. The Coordinated Intake System is more than just an innovative approach to legal services, though—it's a beacon of hope for those facing eviction. Sarah Coffey Bowes, the Executive Director of Civil Justice, believes Coordinated Intake “has a real possibility to be transformative,” and the program could make how we deliver legal services not only more efficient but also more humane.
SINGLETON MATHEWS IS EVERYWHERE
SINGLETON MATHEWS
Managing Partner, Client First Legal Services
While some people want to become attorneys because they like to argue, Mathews thought his ability to collaborate would make him an effective advocate.
Photo courtesy of Travis Marshall Photography
TYPICALLY,
LAWYERS WHO WANT TO work in the private sector either join existing law firms or open solo practices. Some, like Singleton Mathews, choose to carve out a unique career that combines the best aspects of both career paths. As the managing partner of Client First Legal Services, he offers what he describes as “litigation support and infrastructure for solo practitioners and small firms.”
Mathews’s journey into the law began in his high school years when he saw what lawyers could do to help people, which inspired him to use his talents to make a positive impact on people's lives. While some people want to become attorneys because they like to argue, Mathews thought his ability to collaborate would make him an effective advocate, noting, “As lawyers, we are trying to achieve a common goal, and I think I do a pretty good job of communicating and working with other people to get to that endpoint.”
Following high school, he attended Towson University, where he participated in Army ROTC through a cooperative agreement with Loyola University, and obtained his JD from the University of Baltimore Law School. He has been in the military for 20 years and has worked as an operations officer on multiple state and federal missions; he currently serves as a military police officer.
After he gained admission to the bar, Mathews worked as a law clerk in the State's Attorney's Office for over three years before going on to clerk for Judge Colleen Cavanaugh in Baltimore County. He then went out on his own, founding Client First Legal Services. He describes it as "rent-a-associate" for lawyers who require assistance in various aspects of their cases. Whether it's providing courtroom coverage, visiting clients in jail, or dealing with paperwork in a digital age, Mathews and his team step in when other attorneys lack the resources needed to manage their cases. He currently has 170 attorney clients throughout Maryland, ranging from solo practitioners to people working for large firms.
As one would expect, Mathews's work days are far from routine. His schedule can transform instantly from a seemingly blank calendar to one filled with back-to-back courtroom appearances. On a typical day, he expects that he will be in eight to 10 courtrooms within a span of six hours, and usually, he will only have about an hour’s notice prior to having to appear.
He credits his communication skills with helping his business thrive, noting he regularly has to communicate with the hundreds of lawyers who need his assistance, as well as his team. Tenacity is a critical component
of his success as well, as he explained, “Our answer is always that we can help no matter where it is, no matter when it is, we find a way to get it done.”
Mathews emphasized that regardless of where his work takes him, it is important for him to be thorough and professional all the time, noting, “If you are constantly professional and constantly thorough, that's all people
“I always walk away from every MSBA event with another potential attorney client or another potential attorney who wants to work with me.”
will be able to remember and say about you no matter where you go.”
Mathews commended the MSBA for its role in helping him foster connections and opportunities within the legal community. He explained that MSBA events have allowed him to connect with attorneys with whom he would not normally meet. He shared, “I always walk away from every MSBA event with another potential attorney client or another potential attorney who wants to work with me.”
Outside of work, Mathews leads an active lifestyle. He is an avid runner who participates in half marathons and enjoys running with a group. He also teaches fitness classes; at MSBA’s 2023 Legal Summit and Annual Meeting, he led attorneys through an early morning boot camp session. He is musically inclined as well and has played the saxophone, guitar, and piano for most of his life.
AND THE
U.S. Supreme Court Warhol Foundation Decision on Copyright Fair Use
ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC. V. GOLDSMITH, 598 U.S. 508 (2023)
On May 18, 2023, the U.S. Supreme Court decided that Andy Warhol’s adaptation (called “Orange Prince”) of a copyrighted photograph of Prince, taken by noted music photographer, Lynn Goldsmith, infringed her work and was not fair use.1 Under the Copyright Act, the owner of a work has an exclusive bundle of rights, and secondary users have the burden of proof to show that their otherwise infringing adaptation of the owner’s work is excused as a fair use. The scope of fair use is a complex, fact-intensive, contextual inquiry.
Importantly, because Andy Warhol Foundation (AWF) didn’t challenge the Second Circuit’s holding that the second through fourth fair use factors favored Goldsmith, the only issue before the Court was the whether the first factor—“the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,”2 weighed in favor of AWF’s commercial licensing of Orange Prince to Condé Nast.
BY ELLIOTT ALDERMAN, ESQ.
1 Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023).
2 17 U.S.C. § 107(1).
The question is whether the secondary use is of a fundamentally different and new artistic purpose and character, which is something more than the imposition of another artist’s style on the primary work.
The Court majority determined that the Goldsmith photograph and Orange Prince shared substantially the same purpose, that AWF’s use was commercial,3 and, crucially, that a secondary user needed independent justification to copy a photo, other than just to convey a new meaning or message.4 By contrast, the dissent accorded more weight to Warhol’s transformation of Goldsmith’s photograph, concluding that Warhol’s use had a further purpose or different character, thus ending the fair use inquiry.
FACTS
The facts are straightforward, but the interplay of Goldsmith’s exclusive copyright rights and Warhol’s fair use rights are not. Goldsmith had been commissioned by Newsweek in 1981 to photograph nascent musical superstar Prince Rogers Nelson. Newsweek later published one of Goldsmith’s photos along with an article about Prince. Years later, Goldsmith granted a one-time license to Vanity Fair to use one of her Prince photos as an “artist reference for an illustration.” Vanity Fair hired Warhol to create the illustration, and Warhol used Goldsmith’s photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair’s November 1984 issue. The magazine credited Goldsmith for the “source photograph” and paid her $400.
In the intervening years, Warhol created a series of 16 works (14 prints and two drawings) called the “Prince Series,” that were derived from Goldsmith’s copyrighted 1981 photograph. The Court specifically did not address whether the Prince Series infringed Goldsmith’s photograph. After Prince died in 2016, Vanity Fair’s parent company (Condé Nast) asked AWF about reusing the 1984 Vanity Fair image for a special edition magazine that would commemorate Prince. When Condé Nast learned about the other Prince Series images, it opted instead to purchase a license from AWF to publish Orange Prince.5 Goldsmith did not know about the Prince Series until 2016, when
3 Andy Warhol Foundation, Inc. for the Visual Arts v. Goldsmith, 143 S. Ct. 1258, 1266 (2023).
4 Id. at 1265.
5 Id., at 1261.
she saw Orange Prince on the cover of Condé Nast’s magazine. After Goldsmith sent AWF an infringement demand letter, AWF sued her for a declaratory judgment of noninfringement or fair use, and the district court granted summary judgment on AWF’s fair use claim.6
Leaning heavily on transformation, the district court concluded that all four fair use factors favored AWF: looking at the images side-byside, they had different characters and new aesthetics; the nature of Goldsmith’s work as creative and unpublished—which would ordinarily favor her—was of limited importance because the Prince Series was transformative; Warhol removed nearly all of the photographs protectible elements, so the amount and substantiality of Goldsmith’s photograph favored AWF; and the Prince Series works weren’t market substitutes for the Goldsmith work.
The Second Circuit swung the pendulum the other way.7 It found that all four factors favored Goldsmith: a new aesthetic or new expression is not necessarily transformative, rather the question is whether the secondary use is of a fundamentally different and new artistic purpose and character, which is something more than the imposition of another artist’s style on the primary work; the creative and unpublished nature of Goldsmith’s photograph favored her; the amount and substantiality of the portion taken (which the appellate court determined was the essence of the photograph) was not reasonable in relation to the purpose of the use; and AWF’s commercial licensing violated Goldsmith’s rights to license and create derivative works based upon her image.
The Second Circuit also concluded that the Warhol and Goldsmith works were substantially similar as a matter of law, even though the district court never reached the similarity issue.8
GOLDSMITH’S EXCLUSIVE RIGHTS
Section 106 sets forth the exclusive rights of copyright ownership. Specifically, it provides that:
Subject to the limitations in sections 107 (the fair use provision) through 122, the copyright owner has the exclusive rights to utilize, or license others to: 1) reproduce the copyrighted work; 2) prepare derivative works based upon the work; 3) distribute the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; 4) publicly perform literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures; 5) publicly display literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual works; 6) publicly perform sound recordings by means of a digital audio transmission.
17 U.S.C. § 106 (1976)(as amended) (the italicized provisions apply to Goldsmith’s use or licensing of her photographs).
Importantly, also, for the analysis of Warhol’s secondary use of Goldsmith’s photograph, she has the exclusive right to make, or authorize,
6 Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 385 F. Supp. 3d 312, 325–331 (S.D.N.Y. 2019).
7 Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2nd Cir. 2021); amended 11 F.4th 26 (2nd Cir. 2021), at 38–51.
8 Id. at 51.
derivative use of her photograph. A “derivative work” is defined as one “[b]ased upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. 17 U.S.C. § 101 (emphasis added).
Under the plain language of the statute, then, Goldsmith has the exclusive rights to recast, transform or adapt her photograph, subject to a secondary user’s fair use rights. But there are actually two derivative work rights: the explicit statutory grant in section 106(2), and the secondary user’s implicit right, within the parameters of fair use, to transform a preexisting copyrighted work. So how are these inconsistent rights harmonized?
FAIR USE
The U.S. Constitution’s Copyright Clause balances the rights of creators and users, see U.S. Const., Art. 1, Sec. 8, Cl. 2, so Goldsmith’s exclusive 106 rights are subject to the fair use limitations in section 107.
Certain secondary uses of copyrighted works are favored— criticism, comment, news reporting, teaching, scholarship or research—and Section 107 provides that in making a fair use analysis, “the factors to be considered shall include:”
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
17 U.S.C. § 107 (1976)(as amended).
Since fair use is an affirmative defense to copyright infringement, the burden of proof is on the secondary user.9 All four factors are evaluated, but because copyright is a commercial right, the fourth factor has long been considered the most important element. See Harper & Row, Publishers, Inc. v. Nation Enterprises.10 However, five years after the Harper & Row decision, then-District Court Judge Pierre Leval wrote a seminal law review article introducing the concept of transformative use,11 which elevated the significance of the first factor, asking
whether secondary works used an existing copyrighted work in a different manner or for a different purpose from the original. A use that has a further purpose or different character is said to be “‘transformative.’”12
For a time practitioners and judges seized on this ostensibly simple substitute for analyzing the complex, subjective interplay of the four fair use factors, and the scope of fair use ebbed and flowed but was no clearer.
A. THE WARHOL COURT AND THE FIRST FAIR USE FACTOR
Although the sole issue on appeal was the scope of the first factor, the other fair use elements, notably, the effect on the copyright owner’s work, loomed large in the background, leaving difficult questions: if commercial use is the most important consideration, how much weight is accorded such use? Does commerciality automatically affect the market for, or value of, the copyright owner’s work?
The majority’s standard for the first factor was whether the use of a copyrighted work has a further purpose or different character, which is a matter of degree, and the degree of difference is then balanced against the commercial nature of the use. If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.13 Since Goldsmith’s photograph and AWF’s 2016 licensing of Orange Prince shared substantially the same purpose, and AWF’s use of Goldsmith’s photo was for commercial purposes, the secondary use wasn’t a fair use.14
9 Dr. Seuss Enters., LP v. ComicMix LLC, 983 F.3d 443 (9th Cir. 2020).
10 471 U. S. 539, 566 (1985).
11 P. Leval. “Toward a Fair Use Standard,” 103 Harv. L. Rev. 1105 (1990).
12 Id., at 1111.
13 Andy Warhol Foundation v. Goldsmith, 143 S. Ct. 1258, 1263 (2023).
14 Id., at 1280.
Above: A portrait of Prince taken by Lynn Goldsmith (left) in 1981 and 16 silk-screened images Andy Warhol later created using the photo as a reference. Collection of the Supreme Court of the United States
Also, an overbroad concept of transformative use that includes any further purpose, or any different character, would excessively narrow the copyright owner’s exclusive right to create derivative works. To preserve that right, the degree of transformation required to make “transformative” use of an original must go beyond that required to qualify as a derivative work. Id. at 16. In other words, adding new expression, meaning or message alone, is not transformational: Otherwise, “transformative use” would swallow the copyright owner’s exclusive right to prepare derivative works. Many derivative works, including musical arrangements, film and stage adaptions, sequels, spinoffs, and others that “recast, transfor[m] or adap[t]” the original . . . add new expression, meaning or message, or provide new information, new aesthetics, new insights and understanding.”15
For context, the Court also noted earlier nonsubstitutive Warhol art: Yet not all of Warhol’s works, nor all uses of them, give rise to the same fair use analysis. In fact, Soup Cans well illustrates the distinction drawn here. The purpose of Campbell’s logo is to advertise soup. Warhol’s canvases do not share that purpose. Rather, the Soup Cans series uses Campbell’s copyrighted work for an artistic commentary on consumerism, a purpose that is orthogonal to advertising soup. The use therefore does not supersede the objects of the advertising logo.16
B. COMPARING THE MAJORITY AND DISSENTING OPINIONS
The majority and dissent differ fundamentally in the weight accorded to transformation. The majority opinion accords more weight to all four fair use factors, including the copyright owner’s derivative work rights, while Justice Kagan starts and ends her analysis with transformation—her perception of the dramatic altering of Goldsmith’s photo—despite the dangers of judges getting involved in subjective aesthetic analysis.17 Ironically, and underscoring this subjectivity, the dissent refers to the dramatic alteration of the Goldsmith photograph, dissent at 1, while the majority opinion notes that “Orange Prince crops, flattens, traces, and colors the photo but (emphasis added)otherwise does not alter it.”18
C. THE CONCURRENCE
Justice Gorsuch’s concurrence, based upon statutory construction, is the clearest analysis. The Copyright Act focuses on the particular use under challenge, “[a]nd it asks us to assess whether the purpose and character of that use is different from (and thus complements)
15 Id., at 1282.
16 Id., at 1280–82.
17 See Bleistein v. Donaldson Lithographing Co., 188 U.S. 239 (1903).
18 Andy Warhol Foundation v. Goldsmith, 143 S. Ct. 1258, 1270 (2023).
The degree of transformation required to make “transformative” use of an original must go beyond that required to qualify as a derivative work.
or is the same as (and thus substitutes for) a copyrighted work. It’s a comparatively modest inquiry focused on how and for what reason a person is using a copyrighted work in the world, “not on (emphasis added) the moods of any artist or the aesthetic quality of any creation.”19
CONCLUSION
Fair use requires a complex, fact-specific analysis; it will never be crystalline. The Court’s decision clarifies the concept of transformation, limiting the weight of that conclusion, while considering substitutive use and the copyright owner’s derivative work rights.
The further purpose or different character is still balanced against the commercial nature of the secondary use, and the justification for copying is that the secondary use transforms the original work into a different noncompeting one, harmonizing factors one and four.
The Court also narrows the scope of fair use by emphasizing the importance of the copyright owner’s derivative work rights as a limitation on the concept of transformation. To preserve these rights, transformation must be more than new expression, meaning or message. In short, transformation is a matter of degree, and not automatically fair use.
Finally, the context of the secondary use is critical. Licensing Orange Prince to a museum may be a fair use, while competing with the copyright owner for magazine licensing opportunities is clearly not.
Elliott Alderman is the former general counsel of a new media publishing company and provided copyright policy advice to Congress for a decade. He is firm principal of Alderman IP a partner for strategic and comprehensive intellectual property counsel.
19 Justice Neil Gorsuch, concurring opinion, Andy Warhol Found. v. Goldsmith, 143 S. Ct. 1258, 1288 (2023).
Shark Tank and
BY STEVE RING, ESQ.
A journey through product development from initial concept through actual sales.
Reality shows on TV are entertainment, not reality. While we might glean business tips from some of the shows on entrepreneurs, beware. There is much not said. Nevertheless, developing a product from initial concept through actual sales and revenue can be an adventure. This article will follow a hypothetical entrepreneur on that path.
First, the caveats: Each inventor’s situation is different and requires focused attention. Most of the general statements below have exceptions and qualifications that merit lengthy discussion beyond the scope of this article. Much of the information below will change over time.
WHAT REALITY SHOWS DON’T TELL US
• Over 30,000 contestants apply each year; of those, only 180 are “cast” or filmed;
• Of those cast, only 120 will be aired;
• Of those aired, only about 30 will reach a handshake deal on air;
• Sharks can strike deals with contestants in the hallway, off air;
While some reality shows spark interest in entrepreneurship, they omit a tremendous amount of background information in order to maintain excitement—they must attract viewers to stay viable. Research on Shark Tank (™ Sony Pictures Television Inc.; broadcast via ABC) reveals the following:
• About 20% of the handshake deals on air are never finalized;
• Of the finalized deals, some are canceled for various reasons and few remain paired with a Shark after one year;
• Of those still paired after a year, few are profitable;
• The application and vetting process for applicants is arduous;
• Initial screenings are held in several cities in the United States each year;
• Scouts visit trade shows to find potential contestants who may be invited to apply;
• Disputes have arisen over division of profits.
TWO FLIGHT PLANS; CAVEATS
Below we look at two “flight plans” for an entrepreneur: First Class and Economy. First Class means hiring lawyers and other professionals for advice and consultation. Economy, a riskier approach, means do-it-yourself. It is possible to blend the two approaches. Caveats apply to both plans, and regardless of the route chosen for product development, readers should consult with qualified professionals in the areas of intellectual
more experts. She was told that having the right advisors on board would help avoid pitfalls and ultimately save time and money.
Being adventurous and curious, Wanda nevertheless decided to start her project on the DIY route. She searched online for “waffle iron,” “waffle press,” “makers of waffle irons,” and similar key words to explore the range of existing products, or prior art. She found products similar to what she had in mind and gathered ideas on modifications she would need in order for her project to stand out.
She went to the website of the U.S. Patent and Trademark Office, https//www.uspto.gov/patents/search, and searched the plethora of existing relevant patents. There, she also found a wealth of educational materials on all aspects of patents and trademarks including how-to at the beginner level. There were articles, videos, and links to forums and other resources. She read the advice offered by the Small Business Administration, including sample business plans, at www.sba.gov. She read voraciously, visited inventors’
First Class means hiring lawyers and other professionals for advice and consultation. Economy, a riskier approach, means do-it-yourself. It is possible to blend the two approaches.
property, taxes, accounting, marketing, business planning, financing and all others touched on below.
THE IDEA—WANDA’S WAFFLE IRON
At breakfast on a family vacation, Wanda noted how the waffle bar was a center of attention for kids and adults alike. People stood in line for their waffles, admired their prizes, and then adorned them with elaborate combinations of toppings. Since waffles were such magnets for attention, Wanda thought they would be a perfect medium for branding: “print” a customized logo, letter, or image on each waffle. Great for a restaurant, hotel, or resort. Also, fun for kids at home. She wanted to develop the idea into a marketable product.
Back home after vacation, Wanda was eager to get started. She had a limited budget but wanted to dive in and see how much of the work she could do herself. Let’s follow her path.
PROFESSIONAL HELP VERSUS SELF-HELP
To go First Class, Wanda assumed that she would need to engage an experienced patent attorney, a cooking products expert, a marketing expert, and possibly
forums, and absorbed as much information as possible. In her searches online, Wanda found links to vendors of various services that included engineering, design, marketing and promotion, licensing, graphics, web and social media, packaging and shipping, in addition to legal and accounting. She attended some of the inventors’ meetings in person. She found the discussions helpful but often beyond her immediate needs. She noted that many of the contributors and participants were vendors offering a huge array of services to would-be inventors, reminding her of stories that in the American gold rushes some of the most successful participants were the vendors of picks and shovels, rather than the actual prospectors.
Wanda read about the patent application process and learned about provisional versus full patents, design versus utility patents, and more. She read examples of claims and descriptions of products in patent applications. She considered whether she should file for a trademark in addition to a patent, or as a cheaper alternative. She decided to wait and consider these options later; she was impatient and wanted to know if her idea would sell before investing more time and money in protection of it as intellectual property. She also considered finding a financial backer, but concluded it was too early, as the idea was still rough.
Wanda learned that conceiving and developing a product was much more complicated and expensive than she had originally imagined.
She had not yet arrived at a final design or name and expected that her concept might change during the development process. She would pursue IP protection and financing later on.
From her research Wanda learned that she needed to keep good records of her work. She bought an old-school inventor’s notebook—a hard-covered paper journal, each page pre-numbered and stamped with lines for witnessed signings. She made regular entries in the journal describing her thoughts, reasoning for changes in design, research efforts, observations and plans for next steps. She wanted to be ready for the day she would apply for a patent.
DESIGN
No artist, Wanda nevertheless made a series of rough sketches showing variations in the appearance of the product. She modified the idea over and over. Aside from the appearance of the product, she learned that she had to be specific about its function and materials and talked with friends who knew about electrical appliances, heating elements, and heating surfaces. She learned about safety standards and certification companies like Underwriter’s Laboratories. She learned how to include specifications for the electrical components, getting help from an electrical engineer. Her goal was to make the product novel, useful, and non-obvious, while functional and of high quality.
Wanda vetted her idea with a team of consultants, some of whom were her friends. She wanted input from consumers as well as professionals. She asked them all to sign non-disclosure agreements, which seemed a bit formal to some. However, she explained that this was a normal step in the world of entrepreneurship and was for the protection of all participants. It also showed that she was serious about her idea. This vetting process provided valuable input and helped Wanda refine the design further.
PROTOTYPES
Wanda realized that she needed prototypes to test her idea and to vet manufacturers. She started by working with her own waffle iron at home. She hand-molded aluminum foil into a form with a raised letter “W,” stuck it into the waffle maker and pushed it into the wet waffle mix in the hot iron. She found that the foil did not behave well, that the mix overflowed at the edges and stuck to the form, and that the
waffle was burnt in some places and nearly raw in others. She realized that the engineering issues were more complicated than she had originally thought, and that she needed professional advice.
Wanda searched online and found product design specialists as well as a list of waffle iron manufacturers located in the United States and abroad. She decided to go straight to the manufacturers, picked a few, and decided to ask them for advice. Some resisted, but others were willing to talk. There followed a series of emails, video meetings, and text messages. This process made her even more aware of the many design and function issues that needed to be addressed. She learned that there are cooking and waffle industry expositions and conventions, trade publications, news boards, and a multitude of resources for the makers and purveyors of waffle irons.
CHOOSING A MANUFACTURER
The quotes Wanda received for designing and making prototypes domestically were beyond Wanda’s budget. She turned to Upwork.com, Fiverr.com, MarketHire.com, and similar websites and found that there are design engineers around the world with relevant expertise, willing to design cooking products inexpensively, and that some of them have actually designed waffle irons. She also learned that there are manufacturers abroad ready and willing to help design, or to modify a generic waffle iron to suit her particular needs, at a fraction of the cost of creating and implementing a completely new design.
Wanda found websites (Alibaba and others) that match manufacturers with potential merchants. She learned that even as a small operator she could create a free account, submit a request for proposal (RFP), and receive bids from factories, or from brokers tied to factories. She posted a simple drawing and a description of the product. Within 24 hours she received dozens of responses, some of them irrelevant and probably generated by bots, and others tailored to her design, asking incisive questions to develop more specifics. Some of the bidders offered to convert her rough sketches to engineering drawings at no charge. There followed discussions about choices of materials and components, and references to industry standards. She started online conversations with a few of the best responders and researched their credentials and past performance with other purchasers. She spent several weeks conversing with and vetting the factories before choosing three of them.
The factory representatives quoted “mould fees” for the custom fabrication of a completely unique product, as the domestic makers had done. Most of the new quotes were still beyond Wanda’s budget. A couple of the factories then offered generic designs for the basic waffle iron, claiming that no patents applied and suggesting that Wanda could simply make minor changes to create a unique look.
Despite the factories’ assurances Wanda was concerned about the possibility of patent infringement, and thought again about conferring with an attorney. However, the generic approach was much less expensive and she decided to try it, at least for the prototypes that would be tested and not sold at retail. She still had to pay substantial charges per unit for her modifications of the generic units. She exchanged a series of additional drawings and specifications and arrived at the “final” designs for her first round of prototypes.
PURCHASE; INBOUND SHIPPING
Wanda ordered a total of 12 varied prototype units. She ordered four units from each of three factories, planning to evaluate them for function, appearance and overall quality. She expected that this would also demonstrate each factory’s packaging and shipping practices. Now more aware of the complexities of her project, Wanda had arranged to spend a few thousand dollars for the manufacture and shipping of the prototypes. She compared the factories’ quotes, haggled a bit with one that seemed high, then signed purchase orders online with all three. Payment terms were 50% up front and 50% prior to shipping, all done through an online portal.
Wanda paid the deposit to all three and waited. Each of the factories kept her posted on progress via text and email. All three sent her photos of the prototypes being packed prior to shipment, then asked for the final payment.
Wanda learned about international shipping terms (Incoterms), shipping agents, and the allocation of risk in shipping. She learned that DDP meant that duties would be paid and delivery would be to her door, all arranged and paid from the shipper’s side of the deal, but reflected in the price she would pay. She learned about shipping via “express” versus sea, and fast boat versus slow boat. She learned that shipping charges may vary from month to month but were fairly uniform among shipping agents at any given time. She shopped for a shipping agent and vetted several candidates, thinking ahead to the day when she would place a large order. She chose an agent who appeared reliable and experienced, selected DDP and slow boat, and understood that delivery to her door would follow in 30 to 45 days.
Wanda ended up spending a few hundred dollars just to ship the prototypes. The units weighed about three pounds each and required bulky padding for protection during transit. She made the final payments to the factories online and likewise sent payment to the shipper through a separate web portal. Shipping was paid 100% in advance. She then held her breath and waited.
Over the next week Wanda received status reports from the shipping agent: all three sets of prototypes had been picked up at the overseas factories, were then delivered to the outbound port, then waited for loading, and then started moving across the ocean. With the vessel’s name and ID number Wanda followed its progress. She received email alerts as the boat reached port in the United States and the cartons waited to pass customs. She then received a new set of alerts as the packages traveled via UPS to her home. As luck would have it, she was not home at the time the UPS truck came to her house, and found a pick-up notice on her front door. The next day she drove to the UPS warehouse nearby and retrieved the packages, which were larger and heavier than she had expected. Back home, the family gathered for the grand unpacking. The next day was a waffle fest, with the family as a jury on all of the prototypes.
NEXT STEPS
Wanda learned that conceiving and developing a product was much more complicated and expensive than she had originally imagined. She still needed to finalize the design, which could take more rounds of prototypes; she needed to arrive at a workable cost per unit, ideally less than 25% of the target retail price; she needed a trade name, and decided that she should trademark it; and she needed a marketing plan, likely to include Amazon, Etsy, and other online outlets. For a bulk purchase from the factory she would need financing. She also learned that a product having any degree of complexity, like electrical components, adds challenges, and that size and weight are important factors in shipping and storage. Wanda considered simplifying her idea, changing to an insert that would fit existing waffle irons. This would streamline all steps, even if the potential profit per unit was reduced.
Having come this far, Wanda decided to consult with a patent attorney and to seek referrals to the other professionals who could coach her through product development. She found financing and was now prepared to invest the time, energy and funds necessary to develop her product in a serious way.
Steve Ring has practiced law in Maryland for over 40 years, with emphasis on civil litigation. He has many interests, including inventions.
The Intersection of Artificial Intelligence and Copyright Law
BY PAMELA LANGHAM, ESQ.
Artificial intelligence (AI) poses significant challenges for the legal system, especially in the field of copyright law. As AI becomes more sophisticated, there are questions about who owns the output generated by AI systems, the companies that create the systems, or the users who provide prompts and inputs. Can a balance between AI innovation and protection of the rights of creators be achieved? This article will explore the basics and traditional applicationof copyright law, the impact of artificial intelligence on traditional copyright protection and its application in recent litigation including a dispute over AI-generated artwork.
What is Copyright?
Copyright is a form of intellectual property that grants exclusive rights to authors of original works of authorship as soon as they create the work in a fixed and tangible form of expression or medium. The scope of copyright law covers a wide range of works, such as paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, derivative works and many others.
The idea of copyright originated in England. It was embraced by the founders in Art. I, Sec. 8, Cl. 8 of the U.S. Constitution as follows:
“promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (emphasis added) The first federal copyright law was passed in 1790 and amended and updated thereafter. Today, U.S. Copyright Law can be found in Title 17 of the United States Code ("Copyright Act"). The U.S. Copyright Office will “register an original work of authorship, provided that the work was created by a human being.” This position is based upon the interpretation of the U.S. Constitution, the Copyright Act and case law.
Can a balance between AI innovation and protection of the rights of creators be achieved?
What is the Purpose of Copyright Law?
The purpose of copyright law is to encourage creativity and innovation by granting the creators exclusive rights to control how their works are used and to benefit from them financially. It protects the original works of authors, artists, composers, and other creators from unauthorized copying, distribution, adaptation, or performance. Any unauthorized use of any these original works is copyright infringement. There are exceptions
Under the Copyright Act, the duration of copyright protection depends on several factors. Generally, for works created in 1978 or thereafter, the copyright term commences upon creation and continues for the life of the author plus an additional 70 years. For employer owned copyrights, the copyright term lasts for 95 years from first publication or 120 years from creation, whichever expires first. Many works created before 1923 are now in the public domain.
Fair Use Doctrine
to this basic rule, primarily the fair use doctrine, which we will discuss below.
Ownership and Licensing
The creator owns the copyright, unless of course the creator created the work during the course of employment or enters into a contract to make the work. If created during the course of employment or under contract the work is a “work made for hire” and the employer or the contracting party owns the copyright. The owner of a copyright can sell the rights to the copyright by issuing a license or giving it to someone else, who then becomes the owner of the copyright.
When is the Work Protected?
Under current law, copyright protection begins when an author’s creation is fixed in a tangible medium of expression, such as by being written on paper or recorded. However,
Fair use is the right to use a copyrighted work in certain circumstances, without permission or license from the copyright owner. Fair use allows the user to build upon prior copyrighted works in a manner that does not unfairly deprive prior copyright owners of the right to control and benefit from their works. Examples of fair use include using the copyright work for teaching, research, by a non-profit educational institution, or restricted access to students. Examples of activity specifically excluded from fair use include entertainment, any commercial activity, open access to anyone or by payment of a fee. Fair use is actually an affirmative defense to a claim of copyright infringement, meaning that the alleged infringer has the burden of proving their use was a fair use. It is codified in Section 107 of the Copyright Act, which provides that fair use of a work “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use, scholarship, or research) is not an infringement of copyright."
As AI becomes more sophisticated, there are questions about who owns the output generated by AI systems, the companies that create the systems, or the users who provide prompts and inputs.
Derivative Work
A derivative work is a work that is based on or derived from one or more existing creative works. The derivative work becomes a second, separate work independent in form from the first work. The Copyright Act, 17 U.S.C. § 101 defines a "derivative work" as "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted." A derivative work may also incorporate elements from different sources, such as a mashup, remix, or collage. A derivative work is subject to the copyright of the original work, unless it falls under an exception or limitation, such as fair use or fair dealing. To create a derivative work legally, one must obtain the permission of the original copyright holder. It is important to note that the copyright of a derivative work is separate from the copyright to the original work. The copyright owner of the original work also owns the copyright rights to derivative works. Therefore, the owner of the original work may bring a copyright infringement lawsuit against someone who creates a derivative work without permission. A copyright for
derivative work only covers the additions or changes to the original work, not the original itself. Therefore, if the copyright owner gives someone a license to create a derivative work, the copyright owner of the original work retains the copyright to the original work. In other words, only the derivative rights are being licensed.
Large Language Models
Large language models like ChatGPT 3.5 and 4.0, and others, are computer generated networks that can generate natural language texts based on a given input or prompt. They are trained on massive amounts of text data (“dataset”) from various sources, such as books, websites, social media, etc. The models learn the statistical patterns and relationships between words, sentences, and topics from the data, and use them to produce coherent and relevant (sometimes not relevant and sometimes hallucinated, see "NY Lawyers and Law Firm Sanctioned for Citing Fake Cases Derived from AI" and "Using ChatGPT for Legal Research. Not so fast!") responses. The models can also adapt to different styles, tones, and domains of language by using parameters that control the output.
Recent Litigation Involving Artificial Intelligence and Copyright Law
SILVERMAN V. OPEN AI
Sarah Silverman, author and copyrighted owner of a book called The Bedwetter, filed class action lawsuits against OpenAI and Meta, on behalf of other authors, alleging copyright infringement under the Copyright Act and the Digital Millennium Copyright Act (17 U.S.C. s. 1202). The Digital Millennium Copyright Act (DMCA) generally addresses the rights of creators’ and their copyright protections on the internet.
OpenAI offers and sells products that are large language models, as do other tech companies. See The Next Generation of AI Tools. As discussed, a large language model is software trained on a dataset that will give a response based upon a prompt. It relies upon the dataset upon which it is trained to produce new content. According to Silverman’s lawsuit,
the dataset OpenAI uses to train its large language model comes from copyrighted works, “without consent, without credit, and without compensation.” She alleges, the large language models offered and sold by OpenAI (ChatGPT 3.5 and 4.0) can produce writing in the style of any author in the dataset based upon patterns and connections it learned from that author’s work, without a license. Ms. Silverman further alleges that OpenAI’s large language model pulls copyrighted text directly out of her and other authors’ works and re-produces it in its response. Additionally, Silverman’s lawsuit claims the large language models produce “derivative works” of the original creators work without permission and in violation of their rights under the Copyright Act. Silverman’s allegations against Meta are substantially similar in kind but cites Meta’s own large language model, LLaMA, that Meta uses to train chatbots.
OpenAI and Meta have both asserted the affirmative defense of fair use. As this case develops, it will have a profound effect on the use of artificial intelligence and the protections of copyright law, particularly the fair use and derivative works doctrine.
JOHN GRISHAM, GEORGE R. R. MARTIN, ET. AL. V. OPENAI
On September 19, 2023, John Grisham (A Time to Kill and The Firm) and George Martin (A Game of Thrones) filed a class action lawsuit alleging OpenAI committed copyright infringement by using their copyrighted works to feed and train the OpenAI large language models, without consent of the copyright owners. The lawsuit is substantially similar to Silverman’s and is currently working its way through the court system.
U.S. COPYRIGHT OFFICE AND THALER V. PERLMUTTER, DIRECTOR OF THE U.S.
COPYRIGHT OFFICE
Recently, Judge Beryl A. Howell of the United States District Court for the District of Columbia, ruled that artificial intelligence created works cannot be copyrighted because of the lack of human authorship. In this case, Thaler used artificial intelligence to create a piece of visual art much like a human paints an original work of art. Thaler tried to register the work of art with the U.S. Copyright Office. The Copyright
Generative AI
relies on training data from copyrighted works without the consent of the copyright holder to produce outputs.
Office denied the application on the basis that the work “lack[ed] the human authorship necessary to support a copyright claim” in line with current case law that copyright law only extends to works created by human beings. Judge Howell cited current copyright law in the order stating that “human authorship is a bedrock requirement of copyright.” Thus, he reasoned, the originator of the art must be a human being in order to claim copyright protection.
U.S. COPYRIGHT OFFICE AND JASON ALLEN
In a related case, the U.S. Copyright Office denied a claim by artist Jason M. Allen, who used an AI system called Midjourney to create a digital artwork. Midjourney is a tool that helps artists enhance their sketches, photos, or drawings with various filters, effects, and transformations. It also gives feedback and suggestions to improve the artworks' quality and originality. Allen's artwork, which he made by entering text prompts into Midjourney, won the 2022 Colorado State Fair contest in the digital art category. The U.S. Copyright Review Board (Board), ruled that his artwork did not qualify for copyright protection because it was not the re sult of human authorship. The Board said that Allen's only human contri bution was the text prompts, which were not enough to show his creative expression. The Office followed its previous decisions and court rulings that require human involvement for copyright registration and protection. The Office also said that it would accept artworks made with AI if they showed sufficient human authorship, but not when the human input was minimal.
This is not the end of litigation concerning copyright protection for works of art generated in whole or in part by generative AI. Judge Howell and the Board simply upheld the status quo by affirming current case law and upholding the Copyright Office’s administrative position that a work generated exclusively by a generative AI tool is not protected under the Copyright Act.
Summary
The intersection of artificial intelligence and copyright law has raised important questions and challenges for the future of creativity and innovation. For now, the Thaler decision upheld current case law and the Copyright Office’s position regarding protection of artwork on this very important topic. More questions arise regarding the use of copyrighted works to train large language models. Writers and artists frequently admit that they draw explicitly or implicitly from past works that have inspired them to create, with or without permission of the original creator. Generative AI relies on training data from copyrighted works without the consent of the copyright holder to produce outputs. Can these be reconcilable?
Emojified Communications!
The Emoji’s Role in Modern Law
BY PAMELA LANGHAM, ESQ.
What began as a playful addition to our email, text messages, and social media posts has, in recent years, made its way into the courtroom, sparking debate on the intersection of modern technology and the law. Emojis, the unassuming yet ubiquitous pictographs, are small, yet expressive icons that have begun to play a consequential role in legal proceedings, raising critical questions about their interpretative significance. This article explores the landscape of emojis in the law, shedding light on their potential implications, challenges, and the new dimensions they bring.
Emojis can enhance communication and build friendly work and business relationships, not to mention the smiles (or frowns) they add to human interaction, but they should be used judiciously and appropriately in a professional setting. They can be ambiguous, and easily misinterpreted, especially the ones whose meanings are not well known. Special consideration should be given to the context in which the emoji is used because many emojis have multiple meanings. Sometimes, the recipient of the emoji and the sender do not share the same meaning of the emoji they use. This can lead to confusion and misunderstanding. Many emojis are double entendres, for example, many emojis may represent an innocent fruit or vegetable, but may also represent body parts or have sexual meanings, i.e., eggplant, donut, melons, peaches, etc.
See A Parent’s Guide to Sexting Emojis for a sexting emoji meaning chart. Lawyers should recognize the significant influence of emojis in bolstering or defending a case.
In 2022, Adobe conducted a survey of 5,000 U.S. emoji users to uncover the important role and impact of emojis in digital communications. The survey found that , , and are the most misunderstood emojis. Half of U.S. emoji users use emojis differently than their intended meaning (50%). Gen Z emoji users are significantly more likely to agree they use emoji differently than their intended meanings (74% vs. 65% Millennial, 48% Gen X, 24% Boomer). Nearly half of U.S. emoji users have sent an emoji that was misinterpreted or taken out of context (47%). 80% of U.S. emoji users agree you should only use emoji you fully understand the meaning of in conversations. 80% of U.S. emoji users feel up to date on the latest emoji meanings. This is especially true for Gen Z (93%). This data illustrates how the interpretation of emojis can vary depending on the intent of the sender, the context, and the audience. There also seems to be statistical evidence of a generational difference in usage and interpretation.
Of course, courts have been interpreting nonverbal communications such as symbols, gestures, and facial expressions (even silence) for years. Sometimes, a person’s body language is louder or contradicts
Sometimes, the recipient of the emoji and the sender do not share the same meaning of the emoji they use. This can lead to confusion and misunderstanding.
the words they convey. Emojis are no different. They are just a form of digital communication conveying meaning. Emojis are increasingly being used to convey meanings. Lawyers and judges have to interpret the intended meanings of emojis in court cases, which can be challenging due to their ambiguity. Lawyers must increase their visual literacy to understand how to apply literal meanings to emojis and other digital representations of language.
Courts have been asked to interpret symbols, contracts, and other content over the centuries, even nonverbal cues like shakes of the head or winks so interpreting emojis is no different. However, emojis’ meanings are not uniform and can mean different things to different people. In addition, an emoji on an iPhone may not look the same on a Samsung phone, etc. Emojis can form contracts when subjectively, no contract is intended. Emojis can also land you in jail, or be a critical factor in a sexual harassment case or other lawsuits. For all these reasons, organizations may need to train their employees that emojis are not appropriate in workplace communications. This includes establishing a policy on appropriate methods of communication.
The legal profession is increasingly being asked to deal with the interpretation of digital wordless communications. If you have a case involving the interpretation of an emoji, you may want to look at Eric Goldman’s spreadsheet listing reported cases involving emojis. Mr. Goldman is an Associate Dean for Research and Professor of Law at Santa Clara University School of Law and has frequently written on this topic, click here for his spreadsheet and articles. See also Leslie Y. Garfield Tenzer & Ashley Cangro, AN EMOJI LEGAL DICTIONARY, University of Pittsburgh Law Review Online, Vol. 83, 2022. Garfield and Cangro did an excellent job of trying to provide a “legal emoji dictionary” by reviewing over 100 cases to provide context and definitions of emojis as interpreted by courts. Bye now!��
For several examples illustrating the growing influence of emojis and a few courts’ interpretations of these playful symbols of communication, read the full article at HTTPS://WWW.MSBA.ORG/EMOJIS-ROLE-INMODERN-LAW/ WEB EXTRA
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HOW TO BUILD A
RAIN MACHINE
Who's the Hero?
BY AARASH DARROODI, ESQ.
AARASH DARROODI is the general counsel, executive vice president and corporate secretary at Fender Musical Instruments Corporation. He is also the creator of the professional course “How to Build a Rain Machine” at RainstarAcademy.com.
AS MY GRANDFATHER USED TO SAY, “Life is a movie and we are all just actors in that story.” I can still vividly hear his voice echo in my mind as I write this article. At first glance, the statement seems out of place in relation to the intent of this article, providing rainmaking strategies for lawyers working in law firms. However, I'll show you just how powerful these words can be on your path to becoming what I call a “Rainstar”. A Rainstar is a lawyer working within a law firm who possesses a tremendous ability to generate significant business for their firm.
Life is indeed a movie. And we’re all just cast members in that story. It’s the cast members that correctly identify the hero of the story that ultimately become the Rainstars. Find the hero of the story and you’ll find your path to becoming a Rainstar. You may ask what this has to do with rainmaking? Allow me to explain in the context of a story that involves a lawyer working in a law firm (which is you) and their client (in almost every case an inhouse lawyer working for an organization).
My assumption is that you are reading this article because you are a lawyer working within a law firm. How do I know this? Because why else would you read an article about “rainmaking”?
I would go further to assume that you worked incredibly hard to get to where you are. You studied into the wee hours of the night while in high school, college, and law school. Eventually landing a great job at a top law firm. You survived firm life for a couple years and now you are an associate or a newly minted partner.
Now, tell me this. With everything you’ve gone through in your life and career to get to where you currently are, who is the hero of your story?
It’s you, right?
Wrong!
It’s your client.
Your client is the hero of the story.
You’re merely the guide to the hero. I can actually hear the winds of hurricane Ego stirring, so before I lose you let’s take a closer look at the story of you and your client.
Every great story has a hero and a guide. Think back to some of the most enduring stories ever told, including The Lord of the Rings (Frodo is the hero, Gandalf the guide) or Star Wars (Luke Skywalker is the hero, Obi Wan Kenobi the guide). The guide’s role is to help the hero. The success of the guide is inextricably connected to and dependent upon the success of the hero. When the hero succeeds, the guide succeeds. Alternatively, should the hero fail, the guide would fail, no matter how good, strong, just or intelligent the guide may be.
Throughout the hero’s journey, the guide’s purpose is to help the hero navigate through the challenges and obstacles awaiting the hero in their path to ultimately succeed and emerge as the hero of the story. In your story, the client is the hero and you’re the guide. Why? Why aren’t you the hero of your story? Because no matter how amazing, intelligent,
To date, just as nearly 99.9% of all lawyers do in law firms, you’ve sat back and waited for your client to come to you for assistance. This is wrong.
and well-educated a lawyer you may be, none of this really matters should your client (the hero) fail. That’s why your client is the hero. Your success relies completely on their success.
Now that you’ve identified the hero of the story, let’s see how you can leverage this into becoming a Rainstar. As with any hero within a great story, the hero has an innate desire to survive and ultimately thrive by reaching their goals. Survival in this context refers to your client’s ability to maintain stable footing within their organization so as to ensure their own job security. Inevitably, once your client has survived, their eye turns towards how to thrive. To thrive in this context refers to your client’s desire to move up in their career, look good in front of key decision makers within the organization, and/or ultimately excel in their role as in-house counsel.
Now that you’ve identified the hero and you’ve accepted that every hero simply desires to survive and ultimately thrive, how can you translate this into immense business development opportunities? Simple, each and every action, communication, and thought you have on behalf of your client has to answer any one of these questions in the absolute affirmative: “Will this help my client survive in their role?”, “Will this help my client get closer to realizing their goals?”, “Will this make my client look good within their company?”, “Will this protect my client from pitfalls and reputational harm?”, or “Will this help my client thrive?”
Clients are always ready, willing, and able to pay you for services that help them survive and thrive. Why? Because they’re the hero of the story, and every hero simply wants to survive and ultimately thrive by reaching their goals. By helping them survive and thrive, you’re unlocking an immense, untapped potential for business development that you never thought was possible. To date, just as nearly 99.9% of all lawyers do in law firms, you’ve sat back and waited for your client to come to you for assistance. This is wrong. As with any guide in a great story, regardless of
whether they are summoned or not, the guide comes to the assistance of the hero because even the hero many times doesn’t have visibility into what will help them survive and thrive.
If the success of your role as the guide depends ultimately on the success of the hero, then you simply cannot possibly know how to help, protect, support and/or guide your client unless you’ve taken the time to learn where they want to go. How many times have you taken non-billable time to really learn about your clients? I mean really learn about them. What are their aspirations? Where do they want to be in five years? What do they see as the challenges standing in their path to their desired goals? What will allow them to survive in their role? What will allow them to thrive in their role? If you can’t answer these questions, then you simply cannot become a Rainstar.
Wow, what a powerful, client-centric way of thinking. Could having a law firm lawyer completely abandon their outdated mode of business development thinking by deviating from the norm of seeing themselves as the hero of the story and whose success is solely dependent upon meeting firm-mandated billable hours seemingly achievable solely by sitting back and awaiting their clients to simply summon them when needed, be a competitive advantage for a firm? As a sitting general counsel of a major global organization, I can answer that with a resounding, yes!
Accepting your client as the hero of the story creates a powerful mindset change that will forever unlock incredible business development opportunities and take you ever so closer to becoming a Rainstar. Because why would a lawyer at a law firm want to be anything other than a Rainstar?
DEEP ROOTS AND A LONG HISTORY IN
ST. MARY’S COUNTY DUGAN, MCKISSICK & LONGMORE
WHEN BRYAN T. DUGAN AND BILL D. MCKISSICK, JR. founded Dugan & McKissick in 1994, they saw an economic opportunity in the changing landscape of St. Mary's County. At the time, the county was shifting from a rural community to a knowledge-based workforce hub as a result of the rapid expansion of the Patuxent Naval Air Station—now the largest military aircraft testing facility in the United States. Once a small rural practice consisting of just two attorneys and one staff person, the firm, now known as Dugan, McKissick & Longmore, L.L.C., is the largest law firm based in Southern Maryland, employing over 30 people, including 11 attorneys.
Photo courtesy of Travis Marshall Photography.
(l to r) Richard Gross, Rebekka Hutchins, Samuel Wiest, Olivia Santerre, Bill McKissick, Allison Smart, Christopher Longmore, Kelsey Harris and David Weigel
Over the years, the firm has outgrown its office several times, opened satellite offices in the region, and now operates an in-house title company, Blue Crab Title & Escrow, L.L.C., as well as three other affiliated real estate settlement companies. "Managing the continual, and at times, frenetic growth of the firm while trying to maintain a high quality of life for the attorneys and staff has perhaps been the biggest struggle of the firm," Bill McKissick admitted.
The firm began as a family law and small business law
the provision of legal services by staff in different locations using desktop computers, laptops, tablets, or smartphones, as well as ensuring more robust and secure systems. A dedicated portal for clients is also in the works to improve integration and service delivery. Additionally, we continue to grow in size, and early next year we will be relocating our Calvert County office to a larger space to accommodate additional staff and attorneys. We are also in the process of starting up a new real estate settlement joint venture.
Managing the continual, and at times, frenetic growth of the firm while trying to maintain a high quality of life for the attorneys and staff has perhaps been the biggest struggle of the firm." Bill McKissick admitted.
practice. Today, the firm’s practice areas have dramatically expanded, serving the diverse legal needs of Southern Maryland with dedication and expertise.
A St. Mary’s County native and partner in the firm, Chris Longmore, said, “What sets Dugan, McKissick & Longmore apart from other firms is our deep roots in the Southern Maryland community. We offer a wide spectrum of sophisticated legal services under one roof, including real estate settlements, land use, business, complex commercial transactions, criminal defense, family law, estate and succession planning, collections, and landlord/tenant matters, and our clientcentered approach ensures personalized attention and tailored solutions, all while providing the convenience of clients being able to stay with one local firm.”
Can you share any specific challenges your firm has faced and how you successfully navigated through them in recent years?
One challenge the firm initially faced was staffing since most people simply didn't know anything about St. Mary’s County, making it difficult to attract experienced attorneys and support staff. We've overcome this challenge by offering greater compensation and benefits, intensive training, and embracing flexible work arrangements, especially after the Covid-19 pandemic.
What is on the horizon for Dugan, McKissick & Longmore, L.L.C.?
We continue to focus on expanding our geographic footprint and practice areas and embracing new technologies. For example, we are currently transitioning to a fully cloud-based environment using solely browser-based applications, which allow for greater flexibility for
How does the law firm attract and retain talent?
What qualities do you look for when hiring new associates?
When hiring associates, we look for candidates who exhibit strong written and oral communication skills, a high degree of ethical integrity, and a strong work ethic with a focus on service to others. Our associates must be able to work in a team-oriented environment and have a willingness to be integral members of the Southern Maryland community by engaging in other activities such as volunteer work in the community. The intangible aspects of the character of employment candidates are equally important to us, such as what law school they went to, how well they did in school, etc. The idea is to find well-rounded candidates who will fit in well with the firm culture.
In what ways does the firm utilize technology and innovation to enhance legal services and improve overall efficiency?
The firm has already transitioned in part to web-based browser-based programs, including Microsoft 365, cloud-based storage through SharePoint, and the use of Qualia for real estate settlement transactions, and that trend will continue. The firm is moving to Clio at the beginning of next year for its practice management software. The shift to web-based case management has reduced reliance on physical files and has allowed us to enhance efficiency and client services. Allowing associates and staff to work remotely has increased our pool of prospective staff and provided more flexibility with respect to the delivery of legal services.
What skills should lawyers and law firms have in a post-COVID environment? In the age of artificial intelligence?
Beyond those obvious things like the use of Zoom, Teams, and other video conference technology, the COVID pandemic brought to the forefront the need for firms and lawyers to be able to quickly adapt to changes in the way legal services are provided and the changing needs of clients. COVID forced us to rethink how and where we serve our clients. We must anticipate and listen to the needs of our clients and quickly adapt as their needs change. What we have learned is that change is the only constant, and we have to be able to constantly evolve, adapt to, and adopt and implement changes in the way we deliver legal services.
At the same time, in a post-COVID world where everything is becoming more and more automated and less personal, as legal professionals, we need to work to emphasize the benefits of personal connection and the value of our
Change is the only constant, and we have to be able to constantly evolve, adapt to, and adopt and implement changes in the way we deliver legal services.
services. Taking the time to listen to a client's needs and respond to the client in a personal way is something a computer cannot do. As legal professionals, we need to explain our services and help the client understand the value added by having an individual professional assist a client on a personal basis rather than the client using artificial intelligence or automated computer systems to obtain legal services. There is no replacement for well-researched, personalized legal services, but in order to help our clients understand that, we have to better explain the benefits of the services we provide.
President Biden Issues Executive Order on AI Technology
BY MATTHEW D. KOHEL, ESQ. AND ERIK J. VANDERWEYDEN, ESQ.
On Monday, October 30, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”1 (the “Order”) in an attempt to seize the promise and manage the risks of artificial intelligence (“AI”) technology. The Order establishes new standards for AI safety and security because this technology has the potential to exacerbate societal harms such as fraud, discrimination, bias, and disinformation. To accomplish the administration’s goal, the Order directs federal agencies to develop principles and best practices around AI, which is evolving at a meteoric pace. The Order acknowledges that it is only a first step and calls on Congress to push forward with comprehensive federal privacy legislation that addresses the risks of AI technology.
WHAT YOU NEED TO KNOW:
• On October 30, 2023, President Biden issued the Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.”
• The Executive Order establishes new standards for AI safety and security because this technology has the potential to exacerbate societal harms such as fraud, discrimination, bias, and disinformation.
• The Biden Administration clearly sees AI as a revolutionary tool that needs to be embraced but regulated.
• The Executive Order was issued with the widespread public use of Generative AI, and follows on the heels of the Biden Administration’s Blueprint for an AI Bill of Rights and while the EU is finalizing the language of the EU AI Act.
BELOW IS A SUMMARY OF KEY DIRECTIVES INCLUDED IN THE ORDER:
• The Order directs the Secretary of Labor, along with other agencies and outside entities, to develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers. These principles and best practices are to address: job displacement; labor standards; workplace equity, health, and safety; and data collection. It seeks to prevent undercompensating workers, evaluating job applications unfairly, or impinging on workers’ ability to organize.
• In an effort to promote competition, the Order encourages the Federal Trade Commission to consider using its existing powers to ensure fair competition in the AI marketplace and to protect consumers and workers from harms that may be enabled by the use of AI.
• In accordance with the Defense Production Act, the Order requires companies developing any foundation model2 that poses a serious risk to national security, national economic security, or national public health and safety to notify the federal government when training the model, and the company must share the safety results with the government.
• The Order directs the National Institute of Standards and Technology (NIST) to develop standards for extensive
1 https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/ 2 Foundation models are generalized AI models trained on large quantities of unlabeled data that can perform a wide range of tasks, such as natural language processing or audio generation. For example, GPT-3.5 and GPT-4 are foundation models behind ChatGPT.
red-team testing.3 The Department of Homeland Security is directed to establish the AI Safety and Security Board to implement those standards to critical infrastructure sectors. The Departments of Energy and Homeland Security will jointly address the threats imposed on critical infrastructure by AI technology.
• The Department of Commerce is directed to protect consumers from AI-embedded fraud and deception by developing guidance for content authentication and watermarking to clearly label AI-generated content. These tools will be used by federal agencies to “set an example for the private sector and governments around the world.”
• The Order directs the State Department, in collaboration with the Commerce Department, to establish international frameworks to harness AI’s benefits, manage the risks posed by this technology, while ensuring safety.
• The Order directs the National Security Council and the White House Chief of Staff to develop a National Security Memorandum to ensure the United States military and intelligence community use AI safely, ethically, and effectively in their missions, as well as direct actions to counter adversaries’ military use of AI.
• The Order directs increased coordination between the Department of Justice’s Civil Rights Division and federal civil rights offices to address algorithmic discrimination and to ensure fairness throughout the criminal justice system by developing best practices and guidelines.
• The Order creates the White House AI Council to coordinate the activities of agencies across the federal government to ensure the effective formulation and implementation of AI-related policies, including those set forth in the Order.
The Order’s release comes less than a year after Generative AI (e.g., ChatGPT) gained wide public adoption, and follows on the heels of the Biden Administration’s Blueprint for an AI Bill of Rights. The White House’s actions, plus the EU’s efforts to finalize its comprehensive AI Act, are indicative of the significant implications AI technology poses. The Biden Administration clearly sees AI technology as a revolutionary tool that needs to be embraced but regulated. The Order expressly encourages federal agencies to incorporate AI technology (including within
the US military) and is calling to accelerate the rapid hiring of AI professionals as part of a government-wide AI talent surge. Although the Order is directed towards federal agencies, the federal government will undoubtedly influence the development of this emerging technology as one of the largest purchasers of technology.
LOOKING FORWARD
The Order calls on federal agencies to develop guidelines, standards and best practices, therefore it is imperative for employers to stay alert and up to date to any new guidance and regulation aimed to protect workers, such as the EEOC’s May 2023 guidance about preventing discrimination when an employer uses automated systems, including those that incorporate AI. As navigating the plethora of emerging regulatory privacy obligations becomes increasingly complex, Saul Ewing’s Cybersecurity and Privacy and AI teams can help proactively identify and address risks and achieve compliance obligations.
Matthew Kohel (l) and Erik J. VanderWeyden (r) are attorneys in Saul Ewing’s Cybersecurity and Privacy Practice.
“Judge Platt has done a masterful job in combining … selected lore, history, and perception into a fine read.”
—Ron Bergman
Written
—Robert Bonsib
“Judge Platt’s chronicle leads the reader to conclude that he is truly the ‘Forrest Gump’ of the Free State.”
“The judicial history in this book reveals a judge who did not just preside over cases but devoted his time and expertise to improving the judicial system …”
—Bruce L. Marcus
From campaigning for RFK’s presidential candidacy to representing a drug kingpin dubbed the “Vice President in Charge of Personnel” to mediating a claim by a “masseuse” accusing her “employer” of not paying her for “extra” services, Lessons Lived and Learned: My Life On and Off the Bench is chock full of history, humor, and behind-the-scenes politics.
by Steven I. Platt, a renowned retired judge of the PG County Circuit Court and a self-proclaimed political junkie, the book provides an inside look at what it takes to become a judge and how Platt used his position to make the court system work for everyone.
Truth can sound stranger than fiction, but you really can’t make this stuff up! 3
A ppell Ate p r A ctice for the M A ryl A nd l Awyer :
S tAte
A
nd f eder A l
The treatise has been the definitive reference for appellate and trial attorneys for over three decades.
Written by some of Maryland’s most esteemed judges and attorneys, including five of the current Maryland Supreme Court justices, Appellate Practice for the Maryland Lawyers: State and Federal is a treasure trove of advice on fundamental procedures, esoteric techniques, and practical strategies.
A must-have for lawyers representing clients on appeal, lawyers representing clients in the trial courts who want to maximize their chances of prevailing on an eventual appeal, and anyone who wants to learn about the appellate process.
Including all-new chapters on:
Release Pending Appeal
Post Conviction Appeals
Oral Argument and Post-Argument Procedure
Dispositions and Mandates
Sixth Edition
ATTORNEYS ON THE HILL
Staff Attorneys for Maryland Legislators Use Their Law Degrees to Shape Policy
Most people who graduate from law school follow traditional career paths, but some see that a law degree opens the door to careers outside of typical attorney roles and embark on a different kind of professional journey. MSBA recently spoke with Robin Peguero, Katie Teleky, and Rachel Marshall, three lawyers who, after getting their law degrees, ultimately ended up working on Capitol Hill. Their success demonstrates not only that the oft repeated edict that you can do anything with a law degree is true, but also illustrates that a legal background can be an invaluable asset in careers that extend beyond the courtroom.
Robin Peguero, a lawyer and accomplished writer, credits his time on the Hill with inspiring him to seek a law degree. From there, he worked as a prosecutor in Miami, before being called back to the Hill to serve as investigative counsel to the January 6th Committee. In his current role as Chief of Staff to Congressman Glenn Ivey, he uses his legal education to contribute to the Congressman's message and service to constituents.
Katie Teleky's journey into the public service arena began with an internship on the Hill. She soon determined that a legal background would help her understand legislation and policy issues, and obtained her law degree. Now, as Legislative Director for Representative John P. Sarbanes, her work showcases the advantages a legal education provides people advocating for change.
Rachel Marshall never intended to follow a typical career path for an attorney, and went to law school with a career in federal policy in mind. As Senior Counsel and Strategic Advisor to Representative Jamie Raskin, her legal background empowers her to craft precise legislation that addresses issues impacting Marylanders and people throughout the country.
The stories of Peguero, Teleky, and Marshall demonstrate that a law degree is a versatile and invaluable tool for those who want to pursue careers in public policy.
LAW DEGREE IS A TOOL IN HER TOOLKIT
KATIE TELEKY
Legislative Director for Representative John P. Sarbanes (D-MD-3)
MANY ATTORNEYS FOLLOW THE conventional path after law school, which leads them to careers practicing in a firm, working as in-house counsel, or serving as public interest attorneys. Some, however, follow their passion, which takes them on an unconventional journey. Katie Teleky, who employs her legal education to help affect meaningful change in her role as Legislative Director for Representative John P. Sarbanes (MD-03), is one such attorney.
Born and raised in Howard County, Maryland, Teleky attended Swarthmore College, where she carried a double major in Honors Political Science and Studio Art while playing three varsity sports: field hockey, softball, and basketball. A pivotal moment occurred during Teleky's college years: she interned for Congressman Tim Holden, an experience that ignited her passion for public service and policy. Reflecting on her internship, she shared, “I loved it and knew that I wanted to work on the Hill.” And so began her on a journey that would see her eventually shaping policy on a national scale.
After graduating, Teleky began working as an intern in the office of Representative Elijah E. Cummings (D-MD07), transitioned to a position as an intern on Cummings’ House Oversight Committee staff, and then took on the role of Committee Staff Assistant in April 2014. She worked her way up the ranks, becoming a Research Assistant and then Professional Staff, where she led the Committee’s census and IRS work while also serving
Photos courtesy of Travis Marshall Photography.
on the Committee’s health and legislative teams. In that role, she conducted the investigation of the planned addition of a citizenship question to the 2020 Census, investigated pharmaceutical pricing practices and drafted Committee reports, and was responsible for helping move certain legislation within the Committee’s jurisdiction through the House of Representatives.
After a few years, Teleky determined that since she wanted to make a career in the legislative and policy arena, getting a law degree would set her on the best trajectory. Representative Cummings appeared to agree, encouraging her to get “every tool in my toolkit.” So, in August 2018, she left the Hill for Michigan Law School.
While at law school, Teleky’s resolve to affect positive change did not waver. She returned to the Committee to serve as temporary Professional Staff in the summer following her first year. Following her second year, she interned at The Leadership Conference on Civil and Human Rights, gaining a unique perspective on the other side of the policy table.
Having worked closely with The Leadership Conference during her Committee years, she was uniquely positioned to be able to dive in
“
pharmaceutical manufacturers. The Committee’s detailed reports— based largely on the documents they reviewed—helped expose some of the egregious activities that were occurring and the policy loopholes that existed to keep prices high for American patients. This work helped support the case for legislation they worked to draft under Cummings to address these issues as well as the Inflation Reduction Act, historic legislation passed last year that included several related provisions. As Teleky noted, “This bill is already starting to have an impact on the lives of Marylanders and others across the country by capping out of pocket costs for seniors, imposing inflationary rebates, and allowing Medicare to negotiate the cost of prescription drugs, among its many other provisions.”
Teleky credits her legal background with helping her succeed in her role as Legislative Director. “My legal background has given me the skills to really understand the nuances of policies or the impact of judicial decisions, and it also makes me think more about the meaning or operative effect of every single word or phrase in legislation,” she noted. She also reflected, “my legal education fine tuned many of the skills that I first learned on the Oversight Committee and, along with my time at The Leadership Conference, made me more intentional
Being a nontraditional attorney requires you to be unequivocally true to yourself” she said, urging people “to not let anyone make you believe it’s impossible to be successful (however you define that) while doing what you love.
and contribute quickly as a part of the Justice Reform and Government Affairs teams, working primarily on policing reform and the Justice in Policing Act as well as Hill outreach on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act.
Equipped with legal acumen and practical experience, Teleky returned to the Oversight Committee in February of her third year of law school; first as Professional Staff and then as Counsel once she graduated from Michigan. Ten months later, in December 2021, she became the Legislative Director for Representative Sarbanes, the role she serves in today.
As Legislative Director, Teleky tackles a diverse range of issues, including democracy, health, and justice. Her responsibilities encompass everything from preparing Sarbanes for hearings and meetings to drafting legislation, conducting research, and tracking floor action, and providing recommendations on policies or bills under consideration. She also oversees the constituent mail program, assists with other office communications, and collaborates with her colleagues to ensure they have a cohesive, strategic approach to their legislative and policy activities.
Teleky’s work in the prescription drug pricing space is an accomplishment of which she is particularly proud. Both Cummings and Sarbanes prioritized addressing the high cost of prescription drugs, and during her time on the Oversight Committee, Teleky worked on all of the investigations into the pricing practices of
about every word I use in trying to discuss or message complex ideas.”
While Teleky did not embrace the typical attorney trajectory, she has maintained relationships within the legal community throughout her career. Through her work, she constantly interacts with attorneys in different fields who reach out to share their insights and knowledge. Telecky encourages Maryland attorneys, and especially constituents of the Third District, to share their views by sending an email either individually or through the website www.sarbanes.house.gov or by calling the office at 202-225-4016.
She is also active in the Michigan Law community, and has been involved with the American Constitution Society (ACS) since law school. “By staying engaged with ACS, I have the opportunity to hear about the on-the-ground work that I hope my policy work complements in some way,” Teleky shared.
Looking ahead, Teleky's remains dedicated to public service. “I'm not sure where my career will ultimately take me, but I expect to be on the Hill for a very long time,” she remarked. With her legal background and passion for policy, she is poised to continue making a lasting impact in the legislative arena.
Teleky’s story should serve as an inspiration for attorneys considering non-traditional paths. “Being a nontraditional attorney requires you to be unequivocally true to yourself” she said, urging people “to not let anyone make you believe it’s impossible to be successful (however you define that) while doing what you love."
A PASSION FOR JUSTICE AND PROSE
ROBIN PEGUERO
Chief of Staff for Representative Glen Ivey (D-MD-4)
ROBIN PEGUERO RECOGNIZED HIS TALENT and passion for writing early. As a dedicated and accomplished attorney, Peguero has used his literary skills to craft compelling cases in the courtroom and the halls of Congress. "I've always been a writer through and through," Peguero said. "As a child on the playground, while others were playing, I was off to a corner with my notebook." To date, Peguero's literary contributions have graced esteemed publications like the Miami Herald, the Harvard Crimson, and the Harvard Law Review. His first novel, a legal thriller titled With Prejudice, was published in May 2022.
As an Afro-Latino and first-generation American, Peguero recalls growing up in a working-class neighborhood in Miami. Public service held a central place in the Peguero family's core values, and Peguero notes that his first real interest in politics and public service came in the form of the 2000 presidential election. "I remember just parking myself in front of the television to watch every day and feeling compelled by the case that Vice President Gore was making," Peguero said. That case, Bush v. Gore, effectively awarded Florida's electoral votes to George W. Bush, who became the 43rd President of the United States. "That's what really started to get me into government and public service . . . Al Gore was a big inspiration for me." A few years later Peguero found himself leaving Miami for Cambridge to attend Harvard College, where he went from serving as editor-in-chief of his high school newspaper to an editor of the Harvard Crimson.
Photos courtesy of Travis Marshall Photography.
When
the call came from the Chief Investigative Counsel for the Select Committee to Investigate the January 6th Attack on the Capitol, Peguero—after serving as a prosecutor for seven years back home in Miami—found himself flying back to Washington to serve as Investigative Counsel for the Committee.
Like many Americans around the country, Peguero recalled watching the violent attack on the U.S. Capitol on January 6th, 2021. "Having been a Hill staffer myself for four years . . . I felt a certain sense of sadness and personal connection to what the staffers went through and what our country went through," Peguero said. At the same time, Peguero also noted that the COVID-19 pandemic had affected his world just as it had done with so many Americans across the country. As courtrooms and the justice system reached a near standstill, Peguero found some of his favorite aspects of his job as a prosecutor, storytelling to juries and trial work, had also slowed down as the nation dealt with the unfolding public health crisis. So when the call came from the Chief Investigative Counsel for the Select Committee to Investigate the January 6th Attack on the Capitol, Peguero—after serving as a prosecutor for seven years back home in Miami—found himself flying back to Washington to serve as Investigative Counsel for the Committee.
After college, Peguero opted to take a one year fellowship with the Congressional Hispanic Caucus Institute (CHCI), an organization that provides leadership, public service, and policy experiences to outstanding Latino/a/x students and young professionals. From there, Peguero went on to serve for four more years as a Hill staffer, including as a press aide for Congressman Charlie Rangel (D-NY-13) and a speechwriter for Senator Amy Klobuchar of Minnesota.
Peguero credits his time on the Hill as one of the reasons he decided to embark on the path to becoming a lawyer. "I wanted to go back home [to Miami] and serve my community in a more direct way,” Peguero said. But first, he returned to Harvard for law school, where he would serve on Harvard Law Review and as President of the Harvard Defenders (the only legal service organization in Massachusetts representing low-income people for free in criminal show-cause hearings). "Getting to work at the Harvard Defenders and having that sort of interaction with people who had been accused of crimes, being their voice and defending them was really instrumental for me,” Peguero said. “I had always loved writing, but I had to get comfortable speaking contemporaneously off the top of my head."
After graduating from law school, Peguero returned to his hometown of Miami, where he spent the next seven years serving his community as a criminal prosecutor. Towards the end of his tenure, Peguero spent most of his time focused on handling homicide cases. "I used to say it's a thankless job because you don't actually have a client," Peguero said. "There are times that you have to let [the victim] know you're not going to be able to get [a specific] result. . . and you just have to remind yourself that what you're working for is a more noble cause, it's the pursuit of justice, truth, and public safety, and it's upholding and trying to reform the criminal justice system." Through it all, Peguero has maintained his deep conviction and respect for the rule of law.
"The work that we did on the Committee was very much reminiscent of the work I did as a prosecutor," Peguero said. "We were interviewing witnesses, reviewing evidence, putting together a story, but we wouldn't be presenting it before a jury; we'd be presenting it in hearings and ultimately in the report before the American public.” The report, which was published in December 2022, details the work of the committee and its 18-month investigation into the attack on the Capitol and former President Donald Trump. For Peguero, the report also serves as “a warning of how close we came to our democracy falling apart” and a lesson on the threats to democracy that are still apparent today. Since the report’s release, Peguero has transitioned into his current role serving as the chief of staff for Congressman Glen Ivey (D-MD-4). Interestingly, the two share a number of similarities, such as their alma mater, legal experience, and commitment to public service. The Congressman, who once worked as a Hill staffer and prosecutor himself, also worked on the Whitewater investigation during the Clinton administration.
In his current role as chief of staff, Peguero says that he enjoys managing and mentoring staff, contributing to the Congressman's message and service to constituents, and working on important investigations. Despite the demands of professional life, Peguero finds time to write on nights and weekends and sees writing as a cathartic outlet that allows him to explore complex themes. Among other things, Peguero's ability to balance his career and passion for writing demonstrates that pursuing personal passions while excelling in a professional field is possible. His accomplishments in both realms highlight the importance of finding fulfillment in various aspects of life.
Peguero’s debut novel, With Prejudice, was published in 2022 and tackles the realities of the criminal justice system and the subjective nature of interpreting facts. His second novel, One in the Chamber, is set on the Hill and slated to be published in March of 2024.
A CLEAR PATH TO POLICY WORK
RACHEL MARSHALL
Senior Counsel and Strategic Advisor to Representative Jamie Raskin (D-MD-8)
MANY PEOPLE DECIDE TO GO TO COLLEGE without any future career in mind, while some, like Rachel Marshall, are driven by a clear goal. Marshall recalls, “I always knew I wanted to work on federal policy issues.” She realized that many people that had jobs she was interested in pursuing one day came from legal backgrounds and saw a law degree as a stepping stone to achieving her aspirations.
This led her to “pursue a legal education always knowing I was going to take a nontraditional career path.” With that in mind,
she sought a law school that fostered opportunities for less conventional pathways, and ultimately decided to attend American University Washington College of Law.
Marshall’s commitment to pursuing a career that involved legislation at the federal level did not change during law school: "I was more interested in helping effect larger, systemic change than representing individuals in the courtroom," she explained. After graduating with her JD in 2016, she clerked for Judge Julie Becker at DC Superior Court, and then ventured into the nonprofit sector as the Federal Policy Counsel for the Campaign for Youth Justice. Subsequently, her path took her to the heart of
Photos courtesy of Travis Marshall Photography.
American politics, Capitol Hill, where she served as Legislative Counsel to Representative Jackie Speier (D-CA-14) before taking on her current position as Senior Counsel and Strategic Advisor to Representative Jamie Raskin (D-MD-8) in 2021.
As Senior Counsel and Strategic Advisor, Marshall handles Raskin’s Judiciary and Foreign Affairs portfolios. She researches and develops legislation, takes meetings with constituents, lobbyists, and advocacy organizations. She also prepares Raskin for meetings and hearings. As her role was tailored for a lawyer, Marshall’s legal background does not set her apart; rather, “it sets her up for success in her role, particularly in covering judiciary issues.”
“When the Congressman identifies issues he hopes to address with legislation, I am able to easily assess current code and determine a solution that will hold up in court,” Marshall stated. She concentrated her law school coursework in constitutional law and human rights law, which gave her a strong legal background on the issues she regularly addresses.
One of Representative Raksin’s recent legislative initiatives that Marshall worked on, the Cannabis Users Restoration of Eligibility (CURE) Act, stands to have a substantial impact on the Maryland legal community. This bill seeks to prevent the consideration of past or present marijuana usage in the federal security clearance process and suitability process for federal employment. Given the legal status of medical and recreational marijuana in Maryland, the successful passage of this bill could have far-reaching implications for Marylanders and Maryland attorneys.
The journey from crafting a bill to getting it passed presents challenges, however. “Being in the minority party means oftentimes we aren’t able to move our policy priorities forward” Marshall explained. Regardless, she noted “[w]e do our best to craft bipartisan legislation to increase the likelihood legislation will move forward, but it often takes a long time for legislation to move, so regardless of bipartisan support, we work to continue to socialize ideas and build as much support as possible given political realities.”
While Marshall’s role is nontraditional, it is still very much in the legal field, and maintaining a strong connection to the legal community is a critical aspect of Marshall's career. As Senior Counsel, Marshall regularly works with lawyers from outside organizations in crafting legislation, noting “[i]t’s particularly helpful to work with civil rights litigators to identify current gaps in the law.” Through meetings with constituents, advocacy organizations, and professional associations, like the MSBA, she gains insights into the concerns and priorities of Maryland attorneys, and gets feedback from them on legislative proposals. She also helped co-found the Capitol Hill Chapter of the American Constitution Society, a testament to her commitment to supporting and advocating for laws that strengthen the United States’ democratic legitimacy.
Marshall offers practical advice to students considering pursuing a non-traditional legal career. “If, like me, you know before you even start law school that you're interested in a less traditional path, look for a law school that understands there are many pathways for someone with a law degree,” she suggests. During her
Marshall’s legal background does not set her apart; rather, “it sets her up for success in her role, particularly in covering judiciary issues.”
time at American University, Marshall participated in the UN Committee Against Torture Project (now the Kovler Project), which offered the unique opportunity to work with then-Dean of the law school, Claudio Grossman, in his capacity as Chair. She credits the experience with equipping her with skills parallel to those needed for her current role on Capitol Hill. "Participating in the UNCAT Project was not unlike my work staffing a Member of Congress for a committee hearing and gave me many skills I use in my job today," she reflects.
Marshall does not anticipate leaving her current role any time soon. She explained, “Congressman Raskin was my Constitutional Law professor before he was a Member of Congress, so working for him is a dream come true.” She thinks, though, she may eventually explore working for a Committee instead of working in a Member’s personal office. Regardless of where she lands, she anticipates spending the rest of her career working on federal policy in some shape or form.
Did I Miss Something? A Personal Story
by a Maryland Attorney
As an attorney practicing in Maryland, I have found myself on many occasions listening to a caller’s legal issue and how it affects their lives in so many ways. The issue could be criminal, family law, immigration or another type of issue but at the end of the discussion, my response is usually the same. I recommend that they work with an attorney on the legal issue so they have someone with skills to assist them through it and help move them past the troubling time in their life. As an attorney or legal professional, you may find yourself in similar situations— advising someone to seek professional help with the issue that they are grappling with.
I sometimes wonder if we take our own advice when it comes to issues that we may be grappling with in regard to our mental wellness. The Washington Post reported in January 2023 that the most stressful occupation is being an attorney.1 This may not be a surprise to many in the legal field. Different areas of law may have different types of stress but we may all feel responsible for the outcome of our clients’ legal challenges. I recall hearing an
attorney making a closing argument in a criminal case and he told the jury that he was concerned that he didn’t do enough for his defendant client, that he missed something, that he didn’t convince them to decide on a verdict of not guilty. I felt his weight at that moment and you may have felt a similar weight in a case. The decisions that we make affect our clients’ lives and indirectly affect our own in many instances.
You may sometimes feel irritable, anxious, sad, or just down. Perhaps some days, you don’t enjoy activities that may bring you comfort or joy. I have had trouble sleeping on many different occasions thinking about a case like the criminal defense attorney, “did I miss something?” Did I miss something that could affect my client’s case and their life, possibly. Perhaps you have done this regarding a custody case where your client could lose access to their children or a landlord tenant issue where your client may lose housing. Did I miss something?
Being an attorney is stressful and it is important that we have positive ways to deal with this stress and pursue wellness.
my therapist for about a year, and am happier and calmer. I have learned skills to help me deal with the day-to-day stress of being an attorney and just a human being. We all see injustice in the world and this can affect our mental wellness which may negatively affect our relationships with our loved ones. We have many clients who have experienced trauma or other negative experiences in their lives and we provide referrals for mental wellness professionals. We deserve the same compassion and grace that we give our clients regarding mental health.
We deserve to be well and feel happy. If you need help with being stronger and healthier mentally, please consider LAP and its services. You can learn skills to help you cope with the stresses of being an attorney and living in an unjust world. You can learn to better cope with daily stressors and have coping strategies to turn the dark into Light. Repeat—I deserve to feel well and be happy.
For Free, Confidential Assistance, Call the Lawyer Assistance Program at 1.888.388.5459
Being an attorney is stressful and it is important that we have positive ways to deal with this stress and pursue wellness.
We can learn skills to deal with our stress through working with a mental wellness professional. I found myself needing help to ensure that I am mentally strong for my practice and life. I regularly show up to ensure that I am physically healthy by eating well, drinking water and exercising. A point came where I needed to also show up to ensure that I was mentally healthy. Like our callers, I needed someone with professional skills to help me through the issue that was troubling my life—my mental wellness.
Mental wellness is many times overlooked and even stigmatized which can lead to dark moments and even days where depression sets in and even moving is challenging. If you have experienced moments of darkness, there is Help. There is Light. The Maryland State Bar Association supports us in our mental health journey with its Maryland Lawyer Assistance Program (LAP) which is available to all Maryland lawyers and is committed to providing free, confidential assistance to lawyers, judges, law school students, and support staff by offering assessment, referral, short-term counseling and continued support to ensure long term success.
Finding a mental wellness professional can be challenging for many and I also felt the obstacle of finding someone to help me and paying them. I reached out to LAP and worked with Lisa Caplan who made the process so easy! I have worked with
The Lawyer Assistance Program provides free, confidential assistance to all Maryland lawyers, judges, law school students, and support staff by offering assessment, referral, short-term counseling, and continued support to ensure long term success. If you are concerned about another lawyer you can make an anonymous referral to LAP. We offer financial assistance for Mental Health and Addiction Treatment.
Please feel free to reach out to our LAP Committee Members and Volunteers www.msba.org/health-and-wellness/
CALL OR TEXT
If you are having thoughts of suicide, you can call or text 988, the Nationwide Suicide & Crisis Lifeline, and you will be connected with a trained crisis counselor.
Or call the Maryland Lawyer Assistance Program (LAP) for Toll-Free Confidential Assistance 1.888.388.5459.
Addressing the Lawyer Suicide Crisis: A Guide for Bar Leaders
BY NICK HANSEN
It’s something that still happens far too often: a lawyer, a judge, a law student dies by suicide. You may be privately grieving, but as a leader of the bar, should you publicly do anything?
The reality is that suicide is an epidemic in the legal profession. Research published earlier this year, titled “Stressed, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk” put into focus the dire reality of the problem. Surveying 2,000 lawyers within the D.C. Bar and California Lawyers Association, researchers found that lawyers are twice as likely to experience suicidal ideation than the public. Lawyers with high stress were 22 times more likely to contemplate suicide, and a considerable proportion of lawyers who contemplated suicide said that working in the legal profession was detrimental to their mental health.
Bar leaders can play a pivotal role in reducing stigma, raising awareness of mental health resources, and setting an example for the legal community.
Whether your legal community has experienced the death of a member by suicide, or you want to start a conversation within your bar, here are a few tips:
Do: Reach out to the family and offer condolences. Reaching out to the family can help prevent any misunderstandings. Respect the wishes of families who do not wish to disclose a cause of death or share more information about the situation of the deceased. However, that may not be the case in every situation. “[The family] may be motivated to
find meaning in the experience and the opportunity to potentially prevent other suicides in the future. In that event, they may be willing to allow disclosure of the cause of death and discussion around the topic of suicide prevention,” said Bree Buchanan, former chair of the ABA Commission of Lawyers Assistance Programs, and current senior advisor at Krill Strategies. The article, “Big Law Killed My Husband,” written by the wife of an attorney who died by suicide, went viral in 2018 and raised awareness of this issue in the legal community. The author, Joanna Litt, wrote that she wanted her message to resonate with others who might be in the same situation, “I’ll live the rest of my life trying to fill his shoes and help anyone from having to go through this horrendous, needless experience.”
Do: Talk About It
As a bar leader, you can play a role in setting the agenda on what is discussed in the community. “Creating space to have real, non-judgmental conversations around suicide helps destigmatize these situations and shows us how to recognize distress in others,” says Laura Pratt, the 2023-24 president of the Texas Young Lawyers Association. Read her column “How to Save a Life” in the Texas Bar Journal. Even if you don’t know what to say, your message can be as simple as directing people towards your state’s Lawyer Assistance Program.
Don’t: Go into Details
It’s not the role of a bar leader to go into details of a suicidal incident. “Talk about the individual and the loss that was experienced, not the means or location. The details, such as method of death, should not be released as they are private to the individual's loved ones. They can also re-traumatize others who have lost a loved one or survived a suicide attempt,” says Joan Bibelhausen, executive director of Lawyers Concerned for Lawyers in Minnesota. If you have personal or religious objections to suicide, as a bar leader don’t bring them into public conversation with the greater legal community.
Do: Acknowledge the Impact These Events Have on the Community.
Taking a “let’s get back to work” approach after a death can cause more harm than good. People will all feel differently, and it’s important for bar leaders to acknowledge those feelings. Bibelhausen says that you don’t need to have all the answers, and that this is a good moment to remind people to get help if they are struggling. Bar leaders can also remind the community to operate with grace and civility, and not to use these events as opportunities to score points against firms who are in mourning. “People
are looking to bar leaders to see how they react. So, it’s important to model wellbeing behavior and to remind people this is a public health issue, and to provide links to resources for recognizing warning signs and getting help,” says Bibelhausen.
Do: Use Proper Terminology
If you do decide to address suicide as a topic in a message, use proper updated terminology. Suicide prevention experts recommend using language that does not criminalize the individual.
End(ed) one's life by suicide
Die(d) by suicide, death by suicide
Suicide attempt, attempted suicide
Person who has died by suicide
People thinking about suicide
People who have experienced a suicide attempt
Person bereaved by suicide
Committed suicide
Successful/failed suicide
Successful/failed attempt
Suicide victim
Suicidal, contemplators
Suicide attempters
Survivor of suicide loss
*Used with permission from the Oregon State Bar Bulletin.
Do:
Share Resources & Encourage People to Continue the Conversation
Bar leaders play a critical role in destigmatizing getting help by making it part of a profession-wide conversation. “Because suicide is such a significant problem in the legal profession, bar leaders should regularly encourage their membership to seek help sooner rather than later for behavioral health issues,” says Buchanan. She also encourages suicide awareness, discussion on mental health, and other wellbeing issues to be regular topics in bar journals, CLE seminars, and at the bar convention.
80% of legal professionals are reluctant to seek help for their mental health and wellbeing concerns for fear of being found out or stigmatized.
YOUR MSBA Lawyer Assistance Program (LAP) is partnering with ScreenNOW to provide you a first-of-its-kind opportunity to access dozens of standardized mental health screenings. It’s safe, private, and free to MSBA members. Participants are directed to customized resources based on screening results.
Privately screen yourself for a variety of mental health conditions, work-life stressors, burnout, resilience, relationship satisfaction and more.
» Are you anxious or having trouble sleeping?
» Unable to relax without alcohol or drugs?
» Having problems getting your work completed?
» Having suicidal thoughts?
» Noticing an increase in errors of judgment?
» Lost interest in things you used to enjoy?
» Experiencing emotional numbness?
Career Highlights
Breaking into Law
Stories from lawyers who entered the legal field after other promising careers.
Past President
Profile of a past MSBA President.
Off the Beaten Path Professionals finding non-traditional ways to put their law degrees to work.
Career Transitions
Attorneys sharing their experience of moving between legal sectors or advancing into leadership positions.
Snehal Massey
SPM LAW, LLC
FROM MARKETING MAVEN TO FAMILY LAW ADVOCATE
AS A TIRELESS CHAMPION FOR THE RIGHTS OF CHILDREN and families, Snehal Massey's story serves as a reminder that following one's passion can lead to a fulfilling and impactful career. When asked why she decided to enter the legal profession, Massey recounted her bold choice to leave a thriving marketing career and head to law school. "I entered the legal profession as my second career," Massey explained. "I decided to pivot my marketing career in the midst of its upward trajectory and attend law school because I wanted to help children and families during their breakups."
Massey, who spent six years as a marketer in the corporate and non-profit sectors, went to law school to refocus her career around helping people and families navigate difficult transitions.
After earning her law degree from the University of Baltimore School of Law in 2015, Massey clerked for the Honorable Ronald A. Silkworth of the Circuit Court of Anne Arundel County. Shortly after, Massey began her career practicing family law as an associate for two law firms in the Baltimore area.
Massey's path is marked by exceptional growth and professional development. One of her most cherished moments has been launching her own legal practice, SPM Law, LLC less than two years ago. Since then, Massey has grown to appreciate her worklife balance as a mother and wife, as well as the ever-changing nature of the legal issues she encounters on the job. "No two days look the same," she noted, while explaining that each day presents new challenges.
Massey shared that said striking the right balance between running a business and practicing law has been one of the most significant challenges she's faced thus far—but it's a challenge she embraces with determination and resourcefulness. "I want to be a better manager and build a culture where my team enjoys coming to work to help our clients [and] I want to grow my firm and team to be efficient and effective, to utilize technology and other tools to help us work smarter, not harder," Massey said.
"Having my own business has pushed me well outside of my comfort zone, and I'm all the better for it," Massey noted. Above all else, Massey's journey stands as an inspiration to those looking to make a bold transition while also making a meaningful difference in the lives of their clients and communities.
What is the best piece of advice you have received from someone in the legal profession?
“Your reputation will speak volumes before you even meet someone.” It’s something I heard during orientation in law school, and it always stuck with me. As a marketer at heart, I truly believe that we are our brand. As professionals, despite the many accomplishments and accolades you gain, even one negative hit to your reputation can overshadow your greatest successes.
How would you describe your career in three words? Growth. Confidence. Balance.
If you could give a law student one tip, what would it be? Never stop networking or underestimate the power of your network.
How has MSBA helped you in your legal career?
MSBA has been instrumental in helping me build my network. Through the many MSBA events, I’ve met and gained colleagues turned friends who have been vital in my growth as an attorney
“
Having my own business has pushed me well outside of my comfort zone, and I'm all the better for it.
and now business owner. I’ve also gained my mentors as a result of MSBA events.
What’s an interesting fact about you that no one would guess?
I went skydiving to help me get over my fear of heights. While it didn’t quite rid my fear, it did invoke a passion for skydiving, and I strive to skydive once each year.
What causes are you passionate about?
I am most passionate about causes involving children, especially in foster care, and causes involving veterans.
Do you volunteer? If so, where?
I have been on the board of a nonprofit, Christalis, Inc. for over a decade. It is a nonprofit founded by a childhood friend that assists underserved children in various parts of the world. Currently, we have a home (orphanage) and other programs to assist children in Uganda. I also serve on a number of bar association committees (local, specialty and MSBA) that host legal clinics, and other volunteer opportunities. In addition, I offer my legal services and take on pro bono cases through MVLS and WLC throughout the year.
Photo courtesy of Travis Marshall Photography.
Judge Sothoron's belief in the value of collegiality continues to shape his commitment to supporting and guiding peers within the legal profession.
Judge Richard Sothoron
PAST PRESIDENT, MSBA
Photo courtesy of Travis Marshall Photography.
A LIFELONG CAMPAIGN FOR CONGENIALITY IN THE LEGAL PROFESSION
AN ACCOMPLISHED LEGAL PROFESSIONAL with a storied background in the legal field, the Honorable Richard Sothoron (Ret.) has consistently displayed an unwavering commitment to enhancing the congeniality within the legal community and fostering mentorship. In his time as the President of the MSBA, Sothoron's leadership was marked by his firm belief in the importance of interpersonal relationships between seasoned legal professionals and young and newer members of the bar.
Judge Sothoron championed two core ideas during his presidency: mentorship and a culture of congeniality, and despite the constraints of a one-year presidency, Judge Sothoron leveraged the talents of MSBA's staff together with Maryland's vast legal network to execute pivotal initiatives and unique events. Among other things, Judge Sothoron engaged representatives from each region of the state to actively participate in select committees, special events, and some of MSBA's most unique experiences. Looking back on some of his most cherished moments, Sothoron recalled "having the renowned Shirelles and Otis Day and Knights from the movie Animal House entertain bar members and their guests. . . [and] the sell-out MSBA midyear adventure to Turks and Caicos, which was facilitated by in the late Butch Stewart, CEO of Sandals International."
Judge Sothoron's time as MSBA President left members with enduring friendships and a renewed sense of community. To date, Judge Sothoron's belief in the value of collegiality continues to shape his commitment to supporting and guiding peers within the legal profession. Looking back, Judge Sothoron noted that the same commitment played a role in his choice to serve as MSBA President from 2000 to 2001. The role meant engaging with a number of MSBA members and staff, many of whom Judge Sothoron shared have become lifelong friends. "I was encouraged to move up the MSBA leadership ladder . . . my interaction with various MSBA bar leaders and the satisfaction of working on various MSBA committees, while also serving my home County, was the catalyst for my choice to ultimately serve as President of the MSBA," he said.
Judge Sothoron's tenure as MSBA President marked just one facet of his contributions to the legal community of Maryland. In his current role, Judge Sothoron has found another way to merge his passion for the law with his dedication to serving and guiding others. After completing his term as president, Judge Sothoron transitioned back to private practice, where his work now focuses on mediation and arbitration. "I opted to retire from the [Prince George’s] Circuit Court Bench in 2008 and return to the practice of law,” he said, noting that it “was unquestionably the right move." The move has allowed him to establish a "busy as I want to be" practice, and the flexibility has allowed him to carve out time to continue mentoring while also lending assistance whenever and wherever needed.
When asked about advice he might have for rising legal professionals and MSBA members, Judge Sothoron suggested that members should practice active engagement, and attentive listening, and benefit from the guidance of bar leaders and seasoned professionals. "Listen and learn from bar leaders and committee chairs that you might interact with," he said. "A large proportion of MSBA membership still consists of solo or small firm practitioners, [this is] all the more reason to reach out to MSBA membership and staff when help of any kind is needed."
Judge Sothoron believes that MSBA serves as a unique platform where members can form meaningful professional relationships while experiencing personal and professional growth. "The friendships I developed during my tenure as MSBA president will last a lifetime," Sothoron said. "Now, my son,
[who was] introduced to the MSBA as a teenager accompanying his parents to many a function is forging his own path within MSBA, and I take great joy in watching his journey and that of other young members as they develop lasting friendships and gain invaluable experience through networking within MSBA."
What's your favorite hobby?
Scuba diving and working on our farms.
What do you do to unwind/de-stress?
Farm work, cutting grass, and traversing the historic Patuxent River via boat.
What's an interesting fact about you that no one would guess?
My wife is a very active and adept adventure traveler who has trekked to remote destinations over the past 25 years such as the base camp at Mt. Everest, the outer limits of Mongolia, the terrain of Madagascar, the bush of Kenya, and beyond. During her adventures, I am in charge of two dogs, three horses, two goats, and one cat at present, large and small. I am also a storyteller to some degree and with a knowledge of Maryland history, particularly in southern Maryland which is the historical origin of the Sothoron family.
What's a cause or charity that you are passionate about? I favored the Carol Jean Cancer Foundation for the past 30 years or so. This worthy charity helps children stricken with cancer. It has been the recipient of the Maryland Inter-County/ Baltimore City Softball Tournament that I initiated in 1990 during my tenure as President of the Prince George's County Bar Association.
Anisha Queen
BROWN, GOLDSTEIN & LEVY, LLP
PROFESSIONAL SUCCESS
BASED ON SEEKING EQUITY
IN MARYLAND, CERTAIN ATTORNEYS STAND OUT not only for their legal acumen but also for their unwavering commitment to justice. Anisha Queen, who recently became a Partner at Brown, Goldstein & Levy, LLP (BGL), is one such attorney, and her story demonstrates how a passion for seeking equity can lead to professional success.
Queen’s personal interactions and the challenges faced by those close to her inspired her to become an attorney. "I entered the legal profession because I was frustrated by the discrimination I experienced and watched others experience," Queen shared. It is also because of those experiences that she decided to focus her practice on employment, housing, and disability discrimination cases. Queen began working towards achieving civil justice while attending Harvard Law School. She served as the managing editor of the Harvard Journal on Racial and Ethnic Justice and as a research assistant for the Charles Hamilton Houston Institute for Race and Justice. She also interned at the Lawyers’ Committee for Civil Rights and Gebhardt & Associates, LLP, a plaintiff-side employment discrimination law firm.
After obtaining her JD in 2014, Queen worked as an associate at Quinn Emanuel Urquhart & Sullivan, where she represented clients in a variety of criminal and civil matters. She then clerked for the Honorable Tanya S. Chutkan on the U.S. District Court for the District of Columbia before joining BGL in 2019. Since joining the firm, she has handled a wide range of civil cases. Her practice areas include employment
law, housing discrimination, disability rights, civil rights, cases of wrongful convictions, Title IX concerns, and disputes pertaining to contracts.
Queen joined the MSBA when she became a member of the Maryland Bar, which she has found has helped her serve her clients. She shared, "[t]he MSBA’s Guide to Maryland Courts has been a great resource for me, especially as someone who represents individuals who may need accommodations. The usefulness of the "[a]ccommodations and [a]ccessibility" sections for each court cannot be overstated."
Throughout her career, Queen has upheld her principles. "The best piece of advice I have received is to be true to who I am," she reflected, explaining, "there are a lot of (varying) opinions on what it takes to be a good lawyer. At the end of the day, I understand that I am the best advocate when I am advocating in a way that is true to who I am and what I believe in."
It’s not only the prospect of favorable verdicts that fuel Anisha's passion, though. Rather, her most rewarding moments arise from interactions with her clients. She shared, "[w]hen clients reach out to our firm (or me directly), it is because there is something serious going on in their lives.
I appreciate the great responsibility it is to serve as an advocate concerning a wrongdoing or action that is often the focus of their lives at the time." She finds every aspect of engaging with her clients worthwhile, noting, "I enjoy the phone calls, emails, and texts, as well as the opportunities I have to assure them that we will do our best to make sure their rights are vindicated."
Queen’s dedication isn't solely to her clients; she's equally committed to BGL’s longevity and success. As a Partner, she leads cases from inception to trial or settlement and collaborates with associates, paralegals, and legal assistants to ensure that work is completed in an efficient and judicious manner.
For those who hope to follow a similar path to partnership, Queen advises to "[g]et all the experience one can get." She encourages attorneys seeking partnerships to attend workshops, webinars, and conferences that will equip them with the skills needed to navigate cases from start to finish. She suggested that they focus on honing their written and oral advocacy skills as well. Queen’s steadfast commitment to seeking justice for her clients has gained her national recognition. She was selected for the inaugural 2023 Lawdragon 500 X – The Next
Generation guide for her leadership in the employment and civil rights practice areas. Additionally, she was named one of The Daily Record’s 2023 Leading Women and was listed in The Best Lawyers in America: Ones to Watch for Civil Rights Law (2024) and Labor and Employment Litigation (2023 and 2024). She has been chosen annually for inclusion in the Super Lawyers’ Maryland Rising Stars list each year since 2021.
Although Queen has achieved a number of notable victories on behalf of her clients in her relatively short career, there is one she is most proud of: obtaining a favorable settlement on behalf of a woman who was terminated from her employer because of her multiple sclerosis and need to take leave under the Family and Medical Leave Act. Queen recalled, "She was a dedicated and hard-working employee who was fired just days after taking FMLA leave." She served as lead counsel on the case.
While the role of Partner is new to her, Queen’s objective going forward is to continue leading successful teams and getting good results for BGL’s clients. Given her dedication to equity and client-centered advocacy, she will undoubtedly achieve her goals.
“
There are a lot of (varying) opinions on what it takes to be a good lawyer. At the end of the day, I understand that I am the best advocate when I am advocating in a way that is true to who I am and what I believe in.
Photo courtesy of Travis Marshall Photography.
J. Paul Rieger
Photo courtesy of Travis Marshall Photography.
FROM REAL ESTATE ATTORNEY TO FICTION WRITER
J. PAUL RIEGER IS A NEARLY RETIRED MARYLAND REAL ESTATE ATTORNEY morphing into a fiction writer. He is interested in connecting with other writers, critics, book fans, and persons involved in the creative arts.
Why did you enter the legal profession?
I spent my late teens and early 20s as a title abstractor for several local title insurance companies and law firms while attending Loyola College (now University) at night. I worked to save money for tape recorders, sound equipment, and guitars. (I was going to be a rockstar, you see!) But I found that I actually enjoyed title searching. I found it to be quite interesting and decided in my mid-20s to turn my love of music and recording into hobbies while completing college and pursuing a JD from the University of Baltimore School of Law at night. I eventually went “in-house” with a national title insurance company and really enjoyed the work. I retired from First American Title Insurance Company in 2022, where I had been an Underwriting Counsel for 11 years. Since then, I’ve continued my career as a semi-retired, solo practitioner, taking on just a few specialized title projects.
What are some accomplishments you've achieved during your career?
I was a member of MSBA Real Property Section Counsel for about 17 years and was its Chair in 2002 to 2003. I was also a member of the MSBA Real Property Planning and Zoning Legislative Committee for about 25 years and was its Chair for 1998 and 1999. I was named the MSBA Distinguished Maryland Real Property Practitioner for 2016.
What professional accomplishment are you most proud of? Definitely, my work on the MSBA Real Property Legislative Committee. I enjoyed drafting bills and bill amendments and attending and speaking at legislative hearings. My colleagues on the Real Property Section Legislative Committee are some of the most brilliant, hard-working, genial and dedicated people with whom I’ve ever worked. I also enjoyed my two stints as an adjunct professor at the University of Baltimore School of Law teaching Real Estate Finance in the spring semesters of 2006 and 2007.
What are some of the challenges you face in your current role?
Thankfully, as a semi-retired attorney, very few. The main challenge is to moderate the amount of work I take on in order to maintain a relaxed, semi-retired lifestyle.
Describe a memorable MSBA event or product that has had an impact on you personally or professionally.
I’ve long been a fan of the annual Advanced Real Property Institutes. I’ve attended and presented at many over the years. The choice of subject matter and educational materials are always top-notch.
What is an interesting fact about you that no one would guess?
I was in a neo-psychedelic band in the 80’s and a jazz trio in the aughts and teens.
What causes are you passionate about?
I’m passionate about literacy. Literacy unlocks the doors to understanding, opportunity and self-expression for every person.
Who is someone you admire and why?
My father, Joe Rieger. My father was a hilarious, kind-hearted, and loving guy. He, too, was an attorney but never pushed me in that direction. He was constantly giving to others—time, money, resources. He simply gave. He passed away in 2009 and is still greatly missed by us all.
How do you serve your community?
I’m a literacy volunteer for Reading Partners, which is an incredible organization. Reading Partners works out of public schools across the U.S. I’ve been tutoring a great student at Cross Country Elementary.
Do you find time to relax and unwind? Absolutely. My semi-retirement has been one long and happy unwind!
Tell us about your fiction writing.
I wrote and self-published my first novel, The Case Files of Roderick Misely, Consultant in 2013. It had taken me close to a decade to put it together. The protagonist is a small-town “lawyer wannabe” whose scruples are somewhat deficient. Apprentice House published my novel Clonk! in May of this year. Clonk! is a police farce set in Baltimore. I’m currently working on its sequel. I also just finished a third novel called The Big Comb Over. It’s a modern “comedy of manners” featuring three nephews and their three eccentric uncles. I’m still hunting for a suitable publisher for Comb Over. (“Suitable” meaning, essentially, “any”).
Can you share a summary of one of your books?
Clonk! is about Baltimore City Police Detective Kev Dixit’s life, which has become a series of good deeds, well punished. He’s pushing his way through line-of-duty killings, idiot tests, and shifts with humorless partners. But he’s also the glue holding together the lives of his old Ignatius High School friends—within limits. Dixit didn’t want to mediate a business dispute between his former classmates turned mortgage fraudsters and their psychopathic business partner, especially on the Wednesday before Thanksgiving. He didn’t think the psycho would carry a loaded gun into a business office, but the holidays can be stressful for some.
MARRIAGE AND EXPATRIATION: When American Women Lost Their Citizenship Because of Who They Married
BY SHELDON H. LASKIN, ESQ.
THE NATURALIZATION PETITION FROM THE NATIONAL ARCHIVES could not be clearer. Hannah Rosen, my wife’s grandmother, filed a petition for naturalization with the United States Department of Labor on July 19, 1928. But as the petition also made clear, Hannah was born in Baltimore in 1896 and never left the United States. So why would a woman born in the United States file a naturalization petition? Wasn’t she a citizen by birth? The answer was also in the petition. Hannah’s husband, Philip had been born in Russia. Under the Expatriation Act of 1907, women took their husband’s nationality upon marriage. Since Hannah had lost her American citizenship when she married Philip, as far as the United States government was concerned, she became a Russian on her wedding day.
Today, people barely remember the story of the Expatriation Act of 1907. But for a generation of women and immigrants, it was an example of xenophobia and misogyny at their worst. It is worth recalling that history at this time when we again hear vile anti-immigrant sentiments in the halls of Congress, and women are ruthlessly stripped of control over their reproductive lives.
1907 was a peak year for immigration to the United States. Almost 1.3 million European immigrants, most from Eastern or Southern Europe, arrived at Ellis Island that year. As
Photo courtesy of the George Grantham Bain Collection/Library of Congress
has been true of every wave of immigration, the descendants of prior immigrants often resented the new arrivals. Naturally enough, many immigrants married Americans, which created a perfect storm for misogyny and xenophobia to combine. In 1893, the New York Times published a list of “American Women Who Have Given Their Hearts and Money to Foreigners.” The article estimated that marriages between American women and foreigners resulted in a transfer of property worth $50,000,000 to foreign men. American women who married foreigners were condemned in sexist and nativist terms. Congressman Charles McGavin (R – IL) condemned such women for sacrificing “their souls and honor upon the altar of snobbery and vice.” Reflecting
marrying a recent working class Jewish immigrant. It took the combination of the women’s suffrage movement and the disenfranchisement of a prominent California suffragist to stir women’s opposition to the Act.
Ethel MacKenzie was born in 1885. She came from a prominent Santa Cruz, California family and became active in the San Francisco suffrage movement. California extended the right to vote to women in 1911, but when Ethel MacKenzie attempted to register to vote, she was denied. She had married Gordon MacKenzie, a prominent Scottish singer, in 1909. Because he was foreign, Ethel was expatriated under the 1907 Act.
Congress very quietly passed the Expatriation Act of 1907 in March of that year. The Act was signed into law by Theodore Roosevelt who had himself condemned female marriages to foreigners by denouncing the American man “whose son is a fool and his daughter a foreign Princess.”
a common view that American women married foreigners to join European nobility and revealing his anti-Italian bias, McGavin went on to say the women were “not satisfied with any other name than Countess Spaghetti or Macaroni.”
Congress very quietly passed the Expatriation Act of 1907 in March of that year. The Act was signed into law by Theodore Roosevelt who had himself condemned female marriages to foreigners by denouncing the American man “whose son is a fool and his daughter a foreign Princess.” Section 3 of the Act provided that “any American woman who marries a foreigner shall take the nationality of her husband.”
For a few years, the Act drew little notice, probably because most of these marriages were not between scheming American gold diggers and foreign princes. My wife’s grandmother’s marriage was far more typical – a working class American Jewish woman
MacKenzie challenged her expatriation in the United States Supreme Court. The Court rejected her challenge in MacKenzie v. Hare, 239 U.S. 299 (1915). The opinion reflects the sexism of the time. “The identity of husband and wife is an ancient principle of our jurisprudence. It was neither accidental nor arbitrary, and worked in many instances for her protection. There has been, it is true, much relaxation of it, but in its retention, as in its origin, it is determined by their intimate relation and unity of interests, and this relation and unity may make it of public concern in many instances to merge their identity, and give dominance to the husband.” 239 U.S. 311.
The case stirred the suffrage movement to action. Just when women were gaining the right to vote, the Expatriation Act threatened to withdraw that right from millions of native-born Americans. While many suffrage leaders displayed the same xenophobia as their male contemporaries, none of them were willing to champion xenophobia at the expense of women’s right to vote. With the passage of the 19th Amendment in 1920, the Expatriation Act’s days were numbered.
Support for repealing the Expatriation Act came from two quite
Photo courtesy of the George Grantham Bain Collection/Library of Congress
In 2014, over one hundred years after the enactment of the Expatriation Act of 1907, the United States Senate finally expressed its “regret” for the enactment of the Act.
Ruth Bryan Owen
different sources. The more obvious one was American women who now had the vote and had made very clear that the price of their political support included repealing the Act. On the other hand, xenophobic congressmen realized that, after women gained the vote, foreign women would gain the right to vote under federal law by marrying American men and taking their husband’s nationality. These xenophobes wanted to end citizenship through marriage, not to expand women’s rights but to restrict them.
And so, in 1922, Congress passed the Cable Act. With few exceptions, the Cable Act restored women’s independent right to citizenship. No longer was female citizenship generally dependent on marriage, either for American women or for foreign women who married Americans. The main exception was that an American woman who married a man who was ineligible for citizenship would be expatriated. This provision was designed to discourage American women from marrying Asian men, who were ineligible for citizenship. As for most other American women who had previously been expatriated under the 1907 Act, they could regain their citizenship by applying to be naturalized. Which is precisely what Hannah Rosen did in 1928.
The Expatriation Act continued to affect women’s rights for years after the Cable Act went into effect, including the right of William Jennings Bryan’s daughter to serve in the House of Representatives.
Ruth Bryan Owen was a noted American orator who had worked on her father’s three presidential campaigns. She directed the American Women’s War Relief Fund alongside Herbert Hoover’s wife, Lou Hoover. She ran for the House of Representatives from a Florida district in 1928 and overwhelmingly defeated her opponent, William Lawson. Lawson objected to Owen being seated in the House because Owen had married an Englishman in 1910. She had not filed a naturalization petition until 1925, three years before she was elected to Congress. Lawson maintained Owen had not been a citizen for seven years as constitutionally required to serve in Congress because she had not been a citizen for seven years immediately preceding the election. Owen maintained that the constitutional requirement was for seven cumulative years of citizenship. She had clearly been a citizen from her birth in 1885 until her marriage in 1910 and then again from 1925 on. The House voted overwhelmingly to seat her, without explicitly deciding the issue presented by the case.
Between 1930 and 1940, amendments to the Cable Act gradually repealed the remaining vestiges of the Expatriation Act. The most significant change occurred in 1931. Almost ten years after the passage of the Cable Act, American women who had been expatriated when they married men who were ineligible for citizenship could finally regain their citizenship. As of 1940, the connection between citizenship and marriage was finally completely severed.
In 2014, over one hundred years after the enactment of the Expatriation Act of 1907, the U.S. Senate finally expressed its “regret” for the enactment of the Act. The Senate acknowledged that the Act had been “similar to discriminatory State laws that criminalized or nullified marriages between individuals of different races.” The Senate resolution also recounted the stories of six women whose lives had been upended by the Act. In addition to Ethel MacKenzie, those women were: Elsie Knutson Moren and Theresa Rosella Schwan were left stateless and without a nationality after marrying a foreign national who was ineligible for US citizenship, Loretta Martorana could not vouch for her husband in support of his naturalization petition because she too was no longer a citizen, Lena Weide Demke lost her citizenship and was almost deported during World War I because of her husband’s nationality, and Florence Bain Gaul lost her tenure as a New York City school teacher after 15 years of teaching because she was no longer a citizen.
Those stories are worth remembering for the shameful episode of American history that they illustrate. Instead, as recently as 2015, Justice Scalia cited the Expatriation Act with approval in his plurality opinion in Kerry v. Din, 135 S. Ct. Rptr. 2128 (2015) (an American citizen’s due process rights were not violated by the denial of her foreign husband’s visa application). 135 S. Ct. 2135. Justice Scalia distorted the nature of the Expatriation Act. Instead, all Americans who value fundamental human rights should remember it for the disgraceful law that it was.
Sheldon Laskin is a member of the Maryland Bar and an amateur genealogist. The discovery of Hannah Rosen’s naturalization petition led to his further discovery of the history of the Expatriation Act of 1907.
You are at the wheel
Steer your career
Steer your firm
Steer your profession
Do YOU have what it takes to be a LEADER in the field?
Leadership Academy Fellows of today are Maryland’s legal leaders of tomorrow.
The MSBA Leadership Academy is a 12 month program filled with professional development workshops, exclusive networking opportunities with leaders in the law, and mentorship program. The program culminates with a service project executed by fellows that benefits the community, profession and provides lasting legacy.
As a fellow, you will gain a mentor and lifelong connections with your class. OPPORTUNITIES:
Develop leadership skills
Hone collaboration skills across practice sections
Gain access and invaluable training to position yourself as a leader within bar associations and the professions across the state.
Leadership Academy Kickoff
The MSBA Leadership Academy held its Opening Reception for the 2023–2024 Class of Fellows on August 16, 2023, at Gertrude’s. Leadership Academy Committee Co-Chairs Emmanuel Fishelman and Dave Sidhu welcomed the 2023–2024 Fellows, as well as past Fellows, and Past MSBA Presidents Harry Johnson and Bob Gonzalez. The Opening Reception kicked off the yearlong program offered by the Leadership
Academy Committee aimed at enhancing lawyers’ leadership abilities, both within their own firms and organizations, as well as within MSBA and the legal profession as a whole.
Every year, 15 individuals are selected as Fellows from applications submitted to MSBA. During their tenure, Fellows participate in MSBA events, work on a public service project, and attend monthly
sessions covering topics like public speaking, media relations, interview skills, effective meeting management, and budgeting. They also build relationships with past Bar Presidents and current bar leaders to gain a deeper understanding of MSBA and further develop their leadership skills. At the end of the year, two Fellows are invited to be members of the Leadership Academy Committee.
Fellows will participate in MSBA events, work on a public service project, and attend monthly sessions covering topics like public speaking, media relations, interview skills, effective meeting management, and budgeting.
TRANSFORMING LEGAL CAREERS AND PROFESSIONAL RELATIONSHIPS:
Leadership Academy Alumni Share Their Stories
The MSBA Leadership Academy, an institution with a legacy spanning nearly three decades, has been a transformative force in the lives of many lawyers who have had the privilege of participating in its Fellowship program. The program was conceptualized by up by MSBA bar leaders Harry Johnson and Robert Gonzales, who wanted to an opportunity for young, diverse lawyers to become more involved in the Maryland State Bar Association. When the Leadership Academy launched during the 1995–1996 bar year, it was the first of its kind in the country.
The essence of the Leadership Academy lies in its unique environment where aspiring legal leaders come together to sharpen their skills, driven by a shared passion for serving the Maryland Bar and beyond. The program's curriculum immerses participants in a wealth of leadership insights from renowned experts, fostering an atmosphere of camaraderie and personal growth. The Leadership Academy equips its Fellows with a diverse toolkit for leadership.
On the following pages, Leadership Academy graduates share their stories of the impact the Leadership Academy has had on their careers and their lives. The Leadership Academy
opens doors to opportunities that may not have been possible otherwise. The bonds formed during the Fellowship extend beyond the program, often culminating in mentorship relationships that are instrumental in career progression.
Leadership Academy graduates go on to make significant contributions to the legal profession and the justice system. Leadership Academy alumni have gone on to become judges, legislators, partners in law firms, leaderships in local and specialty bar associations, and more.
The Leadership Academy Transformed My Legal Career— It Can Do the Same for You
BY THE HONORABLE LISA HALL JOHNSON
Many years ago, prior to applying to the MSBA Leadership Academy, I transitioned from the Prince George’s County State’s Attorney’s Office back to private practice in Washington, D.C. As I made that transition, I was concerned about losing the contacts that I fostered while practicing in Maryland. I talked with some colleagues about how they were making and maintaining connections in the Maryland legal community, and I was immediately introduced to the Leadership Academy. The colleagues that I confided in were Fellows in the Leadership Academy that year, and they encouraged me to apply for the Fellowship the following bar year. I did, and it was one of the best professional decisions that I have made.
I received training and mentorship, served the community, and developed life-long relationships that have proven to be personally rewarding and essential to my professional growth. I had direct access to other like-minded diverse lawyers, bar leadership, and members of the bench. The Leadership Academy gave me access, mentorship, and training.
The Leadership Academy gave me access, mentorship, and training.
This groundbreaking program has provided the opportunity for diverse lawyers to have access to the training and resources essential to successful bar service. It is respected and beloved, and a staple program of the MSBA.
What is the Leadership Academy?
Bar leaders Harry Johnson and Robert Gonzales conceptualized a program which provided an opportunity for young, diverse lawyers interested in becoming more involved in the Maryland State Bar Association. This concept became reality and was instituted in the 1995–1996 bar year under the MSBA presidency of Robert Gonzales. It was the first program of its kind in the country.
Since its inception, the MSBA Leadership Academy has continued, uninterrupted, for nearly three decades. It has been replicated locally and nationally. That first class, the class of 1997, included Debra G. Schubert, who would later become the first Leadership Academy alumni to become president of the MSBA. Leadership Academy alumni include lawyers who would later become judges, members of the Maryland General Assembly, Executive Directors of non-profit organizations, partners in law firms, leaderships in local and specialty bar associations, and the current U.S. Attorney for the District of Maryland. Leadership Academy alumni have served on the MSBA Board of Governors and on almost every section and committee of the association. The Leadership Academy accepts lawyers from all ethnicities, backgrounds, geographic locations, and practice areas and has accepted African American lawyers, Hispanic lawyers, Asian Pacific lawyers, military lawyers, and lawyers who identify as LGBTQ. This groundbreaking program has provided the opportunity for diverse lawyers to have access to the training and resources essential to successful bar service. It is respected and beloved, and a staple program of the MSBA.
The Application Process
The application process is highly selective. There are only 15 slots each year. Prior to applying, interested applicants are encouraged to attend
information sessions, to review information available on the MSBA website, and to speak with alumni or a Committee member so that they fully understand the commitment necessary to successfully complete the Leadership Academy Fellowship. Interested applicants are provided with the dates of the mandatory sessions well in advance of their application, so that they are aware of any potential (and avoidable) scheduling conflicts. Carefully chosen applicants will be interviewed before the final 15 Fellows are selected. The goal is to select a dynamic and committed Fellowship class, so that each Fellow has an exceptional experience that benefits them and secures their consistent involvement in the MSBA.
The Fellowship
The Leadership Academy Fellowship consists of three main components: mandatory training sessions, mentorship, and a public service project. The Leadership Academy Committee members support the Fellows to ensure their successful completion of the Fellowship.
The training component begins with an opening reception where the Fellows meet each other and are introduced to the Leadership Academy legacy. Next is an orientation which outlines the expectations of the Fellowship and introduces the structure and resources of MSBA. The orientation usually includes a public service component. Each month thereafter the Fellows are required to attend sessions that are focused on the skills necessary to successful bar service. Regular topics include a personality assessment, team building, grant writing and fundraising, civility, and leadership and the law. Fellows also have the distinct honor of attending and observing Board of Governors meetings and having dinner with the Chief Judges. Each year the Chief Justice of the Supreme Court of Maryland, the Chief Judge of the Appellate Court of Maryland, and the Chief
Judge of the District Court volunteer their time for a Leadership Academy dinner. Meals are provided for all in-person sessions. There is no cost to the Fellows. Fellows are expected to attend the training sessions and to fully participate. While it may appear to be a huge time commitment, there is only one session per month, and most sessions are just a few hours.
Fellows are also paired with a mentor. Mentors are members of the Leadership Academy Committee and are usually alumni themselves. The mentor/mentee relationship is designed to support successful completion of the program and success in the practice of law.
In exchange for the investment of knowledge, time, and financial support from the MSBA the Fellows must organize, plan, and present a public service project. Past projects include an event for student athletes regarding guidance on the changes in the regulations regarding name, image, and likeness; an elder law symposium; an academy to benefit youth transitioning out of foster care; a summit on youth violence; and an expo on financial awareness and emergency preparedness. Each year, the Fellows conceptualize their project, secure fundraising, advertise, and present the project to the community. This is an essential component of the program because it emphasizes to the Fellows that the practice of law includes good lawyering, identifying an outlet to use legal expertise to make our communities better, and assisting those who cannot assist themselves.
No other program in the MSBA provides intensive training and unique opportunities. The Leadership Academy curriculum gives diverse lawyers unmatched access to leadership, resources, training, and service opportunities within the MSBA.
My Experience
Since my Fellowship in the 2008–2009 bar year, I have been consistently involved with the MSBA Leadership Academy Committee and have served as either a Committee member or a Committee Chairperson.
I know the impact of the Fellowship on my career, and I have seen how the public service projects benefit our community.
I have maintained this level of commitment because I know the impact of the Fellowship on my career, and I have seen how the public service projects benefit our community. When I was at my firm, my first client was referred to me by a Fellow in my class. The work I did during my Fellowship year connected me with people who would later appoint me to committees and extend other valuable professional opportunities to me. The relationships I built during the Fellowship, and thereafter, enriched my life and enhanced my practice. I, in turn, have tried to do the same for others. I see how those that fully participate in the program flourish in their practice. This is why I credit the Leadership Academy for transforming my legal career.
I have enjoyed the opportunity to meet and mentor young, diverse legal talent over these years. The investment from MSBA leadership is essential to maintaining this program, and I am happy that the Leadership Academy has been funded and supported for nearly three decades. I sincerely hope that the success of the program endures, that the MSBA continues to support the Leadership Academy, and that interested lawyers apply for the Fellowship.
The Honorable Lisa Hall Johnson has served as District Administrative Judge, District Court of Maryland, District 5, Prince George's County, since January 6, 2017. She was a Fellow of the Leadership Academy in 2008-2009.
Once a Fellow, Always a Fellow!
BY MICHELLE N. LIPKOWITZ, ESQ.
As I close in on the 20th anniversary of my participation in the MSBA Leadership Academy, I more fully recognize and appreciate all that I gained from being a Fellow, all of those years ago. That said, my experience with the Leadership Academy did not end there—for the better part of the past 19 years since graduating in 2004, I have served on the Leadership Academy Committee, and have been engaged as an alum. I have remained engaged because I remain committed to providing for others the same impactful experiences and substantial benefits of being a MSBA Leadership Academy Fellow as I have received. Once a Fellow, always a Fellow!
Participating as a MSBA Leadership Academy Fellow provided me an environment in which I could focus on honing my leadership skills surrounded by like-minded, passionate, dedicated lawyers committed to serving the Maryland Bar, and beyond. Our programming provided me the opportunity to absorb a wide range of leadership advice from leading experts in the field in a collegial and close-knit setting. It helped me identify strengths and weaknesses, and to develop skills to counter blind spots. The programming helped me learn more about the power of influence, the elements of motivation, and driving
As lawyers, I feel that we have a shared responsibility—based on training, education, and access to resources that come with our careers— to look out for others, particularly for those whose voices aren’t always heard.
Being a Fellow helped me exercise muscles I did not often have the opportunity to exercise as a young lawyer at a large law firm. The programming helped me to enhance my emotional intelligence, and to more fully appreciate and embrace the benefits of empathy in the workplace.
collaboration. I learned how to build a vision-focused, strong, productive team.
Our programming helped me learn more about various communication styles, and maximizing interactions with various personality types. I engaged in more introspection. I was challenged to clarify my vision as a leader—and thus what I needed to do to get there, allowing me to refine my authentic leadership style. Being a Fellow helped me exercise muscles I did not often have the opportunity to exercise as a young lawyer at a large law firm. The programming helped me to enhance my emotional intelligence, and to more fully appreciate and embrace the benefits of empathy in the workplace. It helped me get comfortable employing new, innovative ways of developing and managing people.
I learned how to navigate through mistakes. I became more even-keeled, and less flappable. As a result, I became more comfortable delegating and assessing the needs of others.
As our fellowship year progressed, I became more and more comfortable managing others, trusting my instincts, and executing with confidence. Little did I know that my time as a Fellow would help me lead in such dynamic, challenging times, including during crises—which proved immensely valuable throughout the COVID-19 pandemic.
One of the ways being a Fellow has helped me lead during challenging times is by helping me build a strong, extensive network of leaders on whom I can rely for advice, ideas and support. More specifically, my time as a Fellow provided me the opportunity to learn from and develop relationships with a diverse cross section of my peers—drawn from throughout the State of Maryland, and from various sized firms, companies, and governmental entities. Thanks to the Leadership Academy, I now have an invaluable, extensive network of friends on which I rely, both personally and professionally.
Similarly, the immediate and intimate access to bar leaders throughout the State provided by the Leadership Academy has provided me many opportunities. From being appointed by then-Mayor Martin O’Malley to serve on the Baltimore City Board of Municipal and Zoning Appeals, to serving as
the then-Governor Hogan appointed Chair of the Maryland Transportation Professional Services Selection Board, I am confident that I would not have been on the radar for consideration for a number of leadership opportunities over the years, had I not gone through the MSBA Leadership Academy.
Finally, as lawyers, I feel that we have a shared responsibility— based on training, education, and access to resources that come with our careers—to look out for others, particularly for those whose voices aren’t always heard. In turn, the MSBA Leadership Academy Fellows’ annual public service project is an experience and benefit which resonates with me. I see the public service project as an affirmation of the positive role lawyers have a responsibility to play in our community.
If I had to pick my favorite part of participating in the MSBA Leadership Academy over the years, it would be how personally fulfilling it has been to watch and support my Leadership Academy friends grow and thrive over the years. Not only has being a MSBA Fellow made me a better leader and lawyer, having so many strong relationships within the Bar and throughout the State has made practicing law more fun and rewarding.
Michelle Lipkowitz is Managing Member at the Washington D.C. office of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. She was a Leadership Academy Fellow in 2003-2004.
THE LEADERSHIP ACADEMY: A Friend and Colleague Through Mentorship 360
BY GARY C. NORMAN, ESQ. L.L.M. & RICHARD E. SHERMANSKI, ESQ.
“Friendship is everything. Friendship is more than talent. It is more than the government. It is almost the equal of family.”
(MARIO PUZO) 1
The path as a diverse, and often unseen, individual within the halls of power or even a pipeline program can be fraught with difficulty but also personal growth. We enjoyed the privilege to participate in the 2022-2023 MSBA Leadership Academy: One of us as a mentee and one of us as a mentor. In authoring this article, our goals are twofold: provide our experiences from within the Leadership Academy and, more specifically, our insights on how to approach mentorship. We approach the mentorship 360 relationship that we cultivated not only from a perspective of cooperation and mutual listening but also from the perspective of Diversity, Equity, Inclusion, and Accessibility, touching upon the often forgotten “A” within these efforts.
I. Background on Disability Representation
Too many of our fellow citizens (with or without disabilities) live lives of poverty or silent exclusion. Despite thirty-three years of legal requirements set forth in the Americans with Disabilities Act of 1990, as amended, and the progress this panoply has fostered, the wrong of exclusion consistently plagues those with disabilities, including, in terms of the entire life cycle of the legal profession.
Let us examine some definitions and realities. According to one article, “Bias is simply the tendency to have preferences, preconceptions, or prejudices.”2 Even worse is the discrimination (whether, subtle, hidden or overt) that exists within the legal profession.3 Because of this bias or discrimination, members of the general public and the profession “. . .perceive people with disability as being unpredictable, incompetent, weak, dependent on others and lacking strength and endurance.”4 This can cause a range
1 The God Father (G. P. Patnam’s Sons Mar. 10, 1969).
2 Working on Bias Through Storytelling, https://www.eomega.org/article/working-with-bias-through-storytelling (Last visited Jul. 19, 2023).
3 Diversity in the Profession ABA Study: Disabled, LGBTQ+ Lawyers Face Discrimination, ABA News, Jul. 20, 2020, https://www.americanbar.org/news/abanews/aba-news-archives/2020/07/aba-study-lgbtq-disabled-lawyers/
4 See an interesting article that overviews contact theory and tries to amplify this tool in a
Arguably, being a law student with a disability or a lawyer with a disability is not for the faint of heart. So, self-initiative and resilience are key to navigating this world, this profession, and indeed mentorship. All this applies to the young lawyer who participates in the Leadership Academy, as it does to the mentor.
of emotions or result in a range of reactions that include anger, depression, and frustration. All of which we have suffered as lawyers with disabilities.
For the non-disabled, this may result in those holders of power closing a door to opportunity while asking us why you are so sensitive?
As a practical summary and evidence submission, we provide stark quotations showing the hurdles or barriers that lawyers with visible or invisible disabilities encounter in merely striving for inclusion nevertheless the resources to perform their roles as societal leaders.
• “Disabled people working in the legal profession face a culture and practices that hamper efforts to build successful careers, a study concludes.”5
• “Just getting a foot through the door is already a huge barrier for her friends with disabilities, Munson noted. Misconceptions in the workplace continue to play a significant role in prolonging the stigma surrounding disabilities.”6
• “Realistic expectations of how to accommodate attorneys with physical disabilities is just [a] piece of the pie.”7
The efforts to promote diversity, equity, and inclusion within bar associations would presumptively evidence a commitment to eradicate these outmoded ways of acting against minority demographics including, against the disability community – the largest among these. In our experience, disability has been an overlooked element of noble equality efforts, if not a demographic to be disdained or feared. “The idea of using well thought out, written, and documented best practices for diversity and inclusion is commonplace when dealing with race, ethnicity, and gender, but is noticeably absent when we study the population of people with disabilities.”8
Diversity efforts must generally surmount against engrained countervailing inertia. “Attitudes and perceptions have long been the fly in most ointments.”9 The fact that many noble bar efforts fail to recognize the “A” for accessibility only reinforces larger social bias or discrimination arguably. As such, we found the recent authentic learning and acceptance of accessibility, as a diversity goal, refreshing on the part of the MSBA President and President-Elect. More specifically, the ever-increasing sessions at the 2023 annual meeting on disability-related topics perhaps shows a positive trend within the Maryland State Bar Association to acknowledge disability as a marginalized group of members, if not potential set of future leaders. Yet substantial work remains.10
Specifically, bi-lateral conversation, project work together, and storytelling can diminish bias. This “contact theory” served as one tool, among others, for advancing the civil rights of people of color. As such, we hope the questions and answers in the next section will adumbrate our experiences addressing bias if slowly.11
II. Bi-lateral Conversation: Questions and Answers
A. What advice do you have for those who want to participate in Leadership as a Fellow or as a Mentor?
Gary: Arguably, being a law student with a disability or a lawyer with a disability is not for the faint of heart. So, self-initiative and resilience are key to navigating this world, this profession, and indeed mentorship. All this applies to the young lawyer who participates in the Leadership Academy, as it does to the mentor. As such, I encourage those who want to be mentors to think of the opportunity as a 360-leadership development journey, growing another as you will grow yourself.
practical community-based way. Christian Moltke Martini Et al. From Contact to Enact: Reducing Prejudice Towards Physical Disability Using Engagement Strategies, Front Psychol. (Jan. 2022), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8791028/.
5 Cardiff University, New Study Reveals the Everyday Barriers Facing Disabled Lawyers, Jan. 24, 2020, https://www.cardiff.ac.uk/news/view/1750522new-study-reveals-the-everyday-barriers-facing-disabled-lawyers (Last visited April 26, 2023).
6 Katie Stancombe, Web Exclusive: Lawyers with Disabilities Speak out Against Small Numbers, Stigma, Indiana Lawyer, Sept. 4, 2019, https://www. theindianalawyer.com/articles/web-exclusive-lawyers-with-disabilities-speak-out-against-small-numbers-stigma.
7 Id.
8 Leslie Paige Wolfson, The Law Versus Best Practices: Are People with Disabilities Included in Your Diversity Practices? 34 No. 8 ACC Docket 62, 263-64 (Oct. 2016).
9 Terry Carter, The Biggest Hurdle for Lawyers with Disabilities: Preconcepts, A.B.A. Mag. (June 1, 2015), https://www.abajournal.com/magazine/article/the_biggest_hurdle_for_lawyers_with_disabilities_preconceptions
10 This includes such concerns as ensuring accessible meetings to affirmatively interact with leaders with disabilities. I understand that the hotels for the annual meeting lacked an accessible room option for those with mobility disabilities.
11 Christian Moltke Martini supra note 6 Id.
Richard: I believe if this is something you wish to participate in you need to come at this with a level of sincerity. I was actually not selected to serve in Leadership when I originally applied in 2021. A significant reason was because I was trying to mask my disability during my interview and that can cause me to come off as disingenuous. I spoke about what I thought the MSBA wanted to hear and not about what I could bring in forms of insight to the fellowship. During my second application interview, I opened up about who I am, what I have done, and what I overcame.
B. What is the importance of mentorship for those who are either new to MSBA or who are diverse young lawyers?
Gary: While navigating a guide dog requires consistent and constant training, attention, and effort, there is arguably something more than an enumeration of ingredients that result in strong matches. This is perhaps
Gary and Richard: Mentorship particularly holds significance in that lawyers with disabilities are not often visible or hold leadership positions whether in work or in bar activities. While no one solution will expand equity by lawyers with disabilities, a couple of steps can be engaged beyond the wonderful mentorship experience we enjoyed. Disability must be recognized by all bar leaders as a dimension of diversity. Therefore, the Diversity, Equity, Inclusion Committee needs formally to be renamed to include Accessibility in its title.
C. How can a mentor best support a Fellow during their experience in Leadership?
Gary: If you want to be a mentor in this or in another pipeline program, reflect upon a great mentor. Honor that mentor by trying to pass the same level of commitment, compassion, and style forward. For me, Judge Howe (Retired) served as a Co-Chair in my year and also as my mentor, building a warm, one-on-one
If you want to be a mentor in this or in another pipeline program, reflect upon a great mentor. Honor that mentor by trying to pass the same level of commitment, compassion, and style forward.
a small example of real-world magic. So is the magic that may be found in either mentoring or in being mentored. It is not sufficient to hope for the emergence of lawyers with disabilities at higher levels of the public square but never actively to facilitate this coming into fruition. As such, mentorship is key in eradicating bias within the legal profession against lawyers with disabilities.
Richard: I have been an Attorney for more than four years. A status and a role I cherish. Due to my invisible disabilities, passing the bar exam proved a five-year struggle involving depression, failure, and even grief. When I was selected to join Leadership, the thought of being in a room full of established lawyers was incredibly challenging due to the fear someone would find out about my failures, along with my disability, and consider me not capable of being in this profession. Having a mentor who has similar concerns and goals was an absolute joy. Working with Gary allowed me to come out of my shell and openly talk about my issues with my fellows, but also has allowed me to become an advocate for a wonderful cause like seeking proper accommodations for lawyers with disabilities.
relationship with me. In addition, I have long admired the imformal mentorship given by Judge Brown to me and given by her to many members of the bar community.12
Richard: While Fellows must design and execute a preapproved service project, the objective of the individual Fellow should actually be cultivating a strong 360 mentorship experience with a mentor. The Board selects Fellows because of the leadership ability that was shown during the vetting process. Specifically, a mentor and a mentee should want to collaborate on other projects or otherwise seek to attend networking events together. I encourage the Leadership Committee to do a deep dive into a Mentor and Mentee’s personalities.
D. What are your thoughts on the impact of technology on your careers as lawyers with disabilities?
Gary & Richard: Technology seems remarkably to change and become an integral part of our lives. People with and without disabilities now daily use remarkable technologies ostensibly envisioned by science fiction
12 Arguably, leadership in DEIA efforts must start with a head who models this. Both of these incredible past or present jurists are Past Presidents of the MSBA. To my knowledge, there has not yet been a lawyer with a disability, who has served as President. In similar regards, there has not yet been an Executive Director of the MSBA, who has a disability.
television programs. These programs envision that society will ensure that innovation will be “tempered by a rich vein of humanism.”13 For all its benefits and nifty innovations, emerging technologies could deleteriously affect the civil rights of people with disabilities. Emerging technologies, including AI, that force people with disabilities to “adapt to the device” rather than the emerging technologies universally designed to be accessible and usable could reinforce existing bias and discrimination. Therefore, this cautions that emerging technologies could also engrain existing negative social ills, such as a lack of connection or worse, longstanding discrimination. “Like discourses on diversity and inclusion more generally, disability has been largely omitted from the AI-based conversation. . . .”14 AI systems rely upon data, and that data is only as appropriate as the social norms that capture and employ said data. As indicated at the National Institute of Medicine summit, “Decisions based on population data usually revert to what works best for the average, which automatically creates bias against smaller populations (e.g., people with disabilities) that often comprise the outliers of a data set.”15 As such, our society must be careful to foster innovation while erecting sufficient ethical, legal, and policy safeguards.
Our general, if not similarly articulated, goal includes thinking of leadership as lawyers with disabilities from a growth mindset and one that elevates all lawyers with disabilities to higher levels of authority, acceptance, and influence, including as to the impact of technology upon civil rights. Newly admitted lawyers, as well as candidates for public office (many of who will be lawyers) should specifically pledge a commitment to relying on and promoting positively facts as well as to science and technology for the public good.16 “Many science communication experts emphasize the need for consistent, clear communication . . . that separates out the best available scientific facts from what we should do in light of the facts.”17 Moreover, such leaders must avow a commitment to universal design and usability of all emerging technologies.
E. What was your biggest takeaway from collaborating with your Mentor/Mentee?
Gary: While I recognize my own invisible disabilities, such as depression, I have never thought in terms of accessibility, inclusion, and usability from the perspective of an invisible disability. In addition, I personally understand and grapple with social difficulties in navigating a public-facing profession as a dog handler. I have had many conversations and have also witnessed bias against Richard as a lawyer with an invisible disability due to social difficulties while navigating my own issues. I understand a screen-reader. However, I do not understand, perhaps as well as I should, what it is like to have a learning disability, all the problems it causes, and the biases our profession has against such lawyers.
Richard: Through Gary’s guidance and mentoring, I was able to participate in a multitude of experiences throughout my leadership journey. Even after my Fellowship has ended, I continue to work with Gary on multiple projects related to the issues we have covered here. This entire experience, working with both my Fellowship Colleagues and Gary has truly helped me discover where I can do a great deal of good in this profession.
In conclusion, look at those next to you; that person probably has a disability. We have the answer related to advancing disability leadership and encourage others to join us. 18
Gary Norman is a lawyer, consultant, and columnist who has collaborated with a guide dog since August 2001. He serves on the Board of Governors of the Maryland State Bar Association. He served as a Fellow at the Leadership Academy during the 2006-07 bar year.
Richard Shermanski is a lawyer currently working for the American Speech-Language-Hearing Association Ethics Office.
He served as a Fellow in the 2022-23 class of the Leadership Academy. He currently serves as a Commissioner of the Montgomery County Commission for People with Disabilities.
13 Jason Snell, How Star Trek Serves as Inspiration for AI, Mobile Tech, and Health Innovations, Tec. Republic, Sept. 22, 2017, 8:48 A.M., https://www.techrepublic.com/ article/how-star-trek-serves-as-inspiration-for-ai-mobile-tech-and-healthcare-innovations/ (“If you analyze Star Trek’s fictionally futuristic technology, you’ll discover that it actually comes in two different forms: The near-future tech that the show has cannily prefigured, and the far-out stuff that isn’t likely to come true for centuries, if ever. Star Trek largely uses the far-out stuff--transporters, warp drives, subspace radio, and matter/antimatter engines--as solutions to storytelling problems. Without the ability to travel quickly from place to place, there would be no show--and the show’s budget and run time could not afford showing shuttlecraft landings and take-offs every week.”)
14 Meredith Whittaker Et al. AI Now Institute, N.Y. University, Disability, Bias, and AI, Rep. (Nov. 2019)
15 National Academies of Science (or “National Institute of Medicine”) supra note at 7
16 Jen Schwartz, Now is the Time to Establish Reality, Scientific American (Feb. 2021), https://www.scientificamerican.com/article/now-is-the-time-to-reestablish-reality/
17 Id.
18 We mutually thank our wives for their support of our careers and our journeys as people with disabilities. In addition, we thank our dog co-traveler, Bowie, who has co-lived these adventures with us during the 2022–23 bar year.
Remembering The Honorable Andrew Fisher Wilkinson
Judge Wilkinson will be remembered for his immense contributions to his local community and his unwavering pursuit of justice. “
THE HONORABLE ANDREW FISHER
WILKINSON, Associate Judge of the Washington County Circuit, passed away on October 19, 2023, at the age of 52.
Judge Wilkinson attended Mercersburg Academy in 1989 and went on to earn a Bachelor of Arts in Economics from the University of North Carolina - Chapel Hill in 1994. He obtained his JD from Emory University School of Law in 1997.
Judge Wilkinson began his legal career as a law clerk for the Circuit Court in Washington County and subsequently joined the law firm of Barton & Williams, rising to partner in 2003. In 2006, he left private practice and joined the Washington County Attorney's office as Assistant County Attorney. He returned to private practice in 2012, joining Divelbiss & Wilkinson and ultimately opened his firm, Wilkinson Law, in 2017,
where he focused on serving the legal needs of his community.
Judge Wilkinson realized a significant career milestone when he was appointed to a Judgeship in November 2019. He took office as an Associate Judge at the Circuit Court for Washington County, 4th Judicial Circuit of Maryland, in January 2020. During his time on the bench, he was dedicated to delivering just outcomes and protecting the rights of those who came before him.
Judge Wilkinson was a member of the Maryland State Bar Association and the Washington County Bar Association, where he served on the Board of Directors from 2010 through 2012 throughout his career. He also was a member of the Maryland Trial Lawyers Association from 1998 through 2002.
MSBA President Jason DeLoach said "Judge Wilkinson will be remembered for his
immense contributions to his local community and his unwavering pursuit of justice. Marylanders lost a dedicated public servant, and we offer our most heartfelt condolences to his family, friends, and colleagues."
In addition to his legal work, Judge Wilkinson contributed to the community by serving on the Board of Directors for the Hagerstown YMCA and Food Resources Inc. He was also a member of the Downtown Rotary Club and the Courthouse Redevelopment Group. Judge Wilkinson's commitment to the community inspired him to coach youth sports as well, including soccer, lacrosse, and basketball.
He is survived by his wife, Stephanie A. Wilkinson, daughter, Caroline S. Wilkinson, son, Grant F. Wilkinson, brother, John S. Wilkinson, and sister-in-law, Crystal, all of Hagerstown.
Remembering The Honorable J. Frederick Motz
“
Judge Motz approached each case with empathy and safeguarded the rule of law with integrity.
THE MARYLAND LEGAL COMMUNITY lost an exceptional and longtime public servant with the passing of Honorable J. Frederick Motz. Appointed to the U.S. District Court for the District of Maryland by President Reagan in 1985, Judge Motz leaves an enduring legacy from his more than three decades of commendable service on the federal bench.
Judge Motz was born in Baltimore, Maryland. He earned his bachelor’s degree from Wesleyan University and his law degree from the University of Virginia School of Law in 1967, where he served on the law review. Prior to his judgeship, he clerked for a federal judge and spent four years as an Assistant U.S. Attorney. He was also in private practice with Venable, Baetjer, and Howard, where he rose to partner. Judge Motz served as an Assistant U.S. Attorney for two years for the District of Maryland from 1969–71 and the U.S. Attorney for the District of Maryland from 1981–85.
In 1994, Judge Motz became Chief Judge of the District Court, a position he held until 2001. He assumed senior status in 2010 and maintained an active caseload as one of Maryland’s longestserving federal judges. He was for his keen intellect, fairness,
and efficiency, and he shaped lives through his decisions and commitment to justice.
Dedicated to strengthening the legal profession, Judge Motz contributed as a leader in the Maryland State Bar Association. He received the Maryland Bar Foundation’s prestigious 2018 H. Vernon Eney Endowment Fund Award and the 2002 Robert C. Heeney Award from the Criminal Law and Practice Session. He was also a member of the Social Services Advisory Commission, Department of Social Services, Baltimore City, from 1973–81.
While professionally accomplished, Judge Motz will also be remembered for his warm personality that put people at ease. He approached each case with empathy and safeguarded the rule of law with integrity. Judge Motz stayed curious, humble, and kind throughout his esteemed tenure.
Judge Motz is survived by his wife of 55 years, the Honorable Diana Gribbon Motz; a daughter, Catherine (Cassie) Motz, her partner, Christopher Callaghan; a son, Daniel Motz, his wife, AJ Furay; three grandsons, Jack, Peter, and Matthew Motz; and a sister, Catherine (Cemmy) Peterson of Washington, DC.
Remembering The Honorable Justin J. King
In addition to his professional work, Judge King was deeply involved in his community. “
THE MSBA MOURNS THE PASSING of the Honorable Justin J. King on Tuesday, September 12, 2023. He was 67.
Judge King's Legal career spanned over five decades. He earned a Bachelor of Science in economics from Lehigh University in 1977 and his J.D. from the University of Maryland School of Law in 1980. He served as an Asper Fellow to Judge Robert L. Karwacki at the Baltimore City Circuit Court in 1979 and as a law clerk to Judge Martin B. Greenfeld at the Baltimore City Circuit Court from 1980 to 1981.
His career in civil service began in 1981 when he assumed the role of Assistant City Solicitor in the Department of Law in Baltimore City, a position he held until 1996. He later served as Deputy Chief of Litigation and Chief of the Central Bureau of Investigation in the Department
of Law, Baltimore City, until 2012. In addition to his work for Baltimore City, Judge King maintained a part-time practice as a sole practitioner from 1981 to 2012.
Judge King was an active member of various legal organizations, including the MSBA, which he joined in 1981, and the Baltimore County Bar Association, which he joined in 1991. He also was a member of the University of Maryland Alumni Association, serving on the Board of Governors from 1981 to 1988 and as president from 1987 to 1988.
He received numerous awards recognizing his dedication to the legal profession, including the Cunningham Award from the University of Maryland School of Law in 1980, the Distinguished Service Award from the Young Lawyers Section of the MSBA in 1986, and Leadership Recognition from the Baltimore County Council in 2011.
In addition to his professional work, Judge King was deeply involved in his community. He was a member of the Anneslie Community Association from 1984 to 1992 and served as the Stoneleigh Elementary School P.T.A. president from 1994 to 1996. He was president of the Greater Towson Council of Community Associations from 1995 to 1996, president of Catonsville Community College Foundation from 2002 to 2004, and president of Tomorrow’s Towson from 2009 to 2011.
Judge King is survived by his wife, Cynthia King (now Garison), sons, Aaron King (Samantha) and Bradley King (Danielle), and grandchildren, Emeline Monica King and Rosalind James King.
Services were held October 22 at the Bolton Street Synagogue in Baltimore.
Photo Courtesy Of Maryland Judiciary
Remembering Michael G. Wolff
“
In honoring Michael G. Wolff, we honor not only a remarkable legal professional but also a true exemplar of integrity and excellence in the practice of law.
THE MSBA COMMEMORATES THE LIFE AND LEGACY OF MICHAEL G. WOLFF. A founding member of Wolff & Orenstein, LLC, Wolff established himself as a distinguished and well-known bankruptcy trustee in Maryland and a veteran bankruptcy attorney. Wolff’s bankruptcy practice gained national recognition, and his dedication, excellence, and unwavering commitment to the highest standards of ethics led to his having earned the highest rating bestowed by the MartindaleHubbell legal directory.
Through his work, Wolff not only earned the trust of his clients but also the admiration and respect of his fellow legal professionals. “We should all take a moment to reflect on Mike and what he meant to the Maryland bankruptcy community and to our section. We know that but for his passing, Mike would no doubt be getting ready for another year of involvement with the section. That said, he tried many times to be less involved. He was fond of quoting from Godfather 3 by saying words to the effect that “I try to get out, but they keep pulling me back in.” How right he was. We kept pulling him back in. In truth, we never had to pull very hard. Mike was involved because he knew that is what he had to do,” said colleague Bud Stephen Tayman of Bud Stephen Tayman, P.A. “Mike has left us far too soon. We will all miss him and what he stood for, what he represented, and how he conducted himself. The Consumer Bankruptcy Section Council will not be the
same without him. The Maryland bankruptcy community will not be the same without him.”
Wolff was an active member of several Maryland’s professional associations, including the Montgomery County Bar Association, the Maryland State Bar Association (where he served as Vice Chair from 2006-2007 and Chairman from 2007-2008 of the Consumer Bankruptcy Section), the District of Columbia Bar, the Maryland Bankruptcy Bar Association, the National Association of Bankruptcy Trustees, and the National Association of Consumer Bankruptcy Attorneys.
In honoring Michael G. Wolff, we honor not only a remarkable legal professional but also a true exemplar of integrity and excellence in the practice of law. May his memory continue to inspire all to strive for the highest standards of ethics and professionalism in their legal pursuits.
Thomas DeGonia Named as Maryland Bar Counsel
DeGonia brings diverse legal expertise to the position, including significant experience in both the private and public sectors.
THE MARYLAND ATTORNEY GRIEVANCE COMMISSION recently selected Thomas M. DeGonia to serve as Bar Counsel, following an extensive search to fill the vacancy left by Lydia E. Lawless, the former Bar Counsel who stepped down in March. His appointment was approved by the Maryland Supreme Court. As bar counsel, his primary responsibility will involve overseeing investigations and prosecutions of lawyers facing professional misconduct allegations.
DeGonia, a seasoned lawyer hailing from Montgomery County, graduated magna cum laude from the University of Missouri-Rolla and earned his law degree from the American University-Washington College of Law, where he was Student Bar President and received accolades for his contributions to the law school, including the Mooers Trophy in Trial Practice.
DeGonia brings diverse legal expertise to the position. Since 2011, he has been a partner at Ethridge, Quinn, Kemp, Rowan & Hartinger, primarily practicing in the areas of criminal defense, civil litigation and family law. From 2007 to 2011, he was a senior associate at Venable LLP, where he managed teams of attorneys and paralegals working on matters involving misappropriation of trade information and deceptive practices.
DeGonia also has significant experience within the public sector. He worked in the Office of Counsel to the Inspector General for the U.S. Department of State during the Clinton
administration, providing counsel on criminal investigations and foreign policy matters. He performed substantial work with the Freedom of Information Act as well, for which he received the Franklin Award. He also served as an assistant state's attorney in Montgomery County for eight years, during which he led a felony prosecution team, worked as Special Prosecutor in Maryland and as a Federal Court appointed member of a civil rights monitoring team.
Apart from his legal practice, DeGonia is actively engaged in the Maryland legal community. He is a member of MSBA and a fellow of the Maryland Bar Foundation. He is also a member of the Federal Bar Association, the American Bar Association, the Bar Association of Frederick County, and the Bar Association of Montgomery County, where he served as president from 2020 to 2021. He also served as the president of the Family Justice Center Foundation from 2009 to 2021.
Gambling as a Jack-of-All-Trades
BY IRWIN KRAMER, ESQ.
Jack Has a General Practice. Without Expertise, He’ll Take What He’ll Please, on Everything Under the Sun. Should Jack Forgo Fees, Adopt Specialties, or Limit His Focus to One?
In Lincoln’s day, just about everyone was a Jack-of-All-Trades.
Riding the circuit from one courthouse to the next, the finest antebellum barristers handled everything from contracts to criminal defense with equal aplomb. Their saddlebags overflowed with a variety of civil and criminal cases, together with wills, promissory notes and other instruments which they scribbled out by hand during breaks in the action.
Times have certainly changed. The industrial and digital revolutions were not fought on horseback. Machines move much faster. In 150 years, we have experienced greater technological “progress” than at any point in the history of mankind. The speed and complexity of business have increased exponentially—and so have our legal problems.
Equestrian skills won’t help us navigate a body of law that would overwhelm any individual lawyer. Law firms seeking to provide a “full service” to their clients have grown to the size of the corporations they serve—each with specialized departments devoted to the maze of regulatory issues they face every day.
The Jack-of-All-Trades has given way to “specialists” who spend their careers on thinner slices of a much more intricate world.
In an increasingly complex field, should Jack shutter his shingle and settle on a single specialty?
For many, this seems like a safer bet. Oddsmakers may say that, if Jack narrows his niche, he’ll be more likely to master it and less likely to err. But they don’t know Jack. Jack thrives on variety, hates monotony, and loves the challenge of novel cases. He also loves his clients. While specialists may master discrete legal issues, no one knows his clients better than he does. Over the years, they have
come to depend upon Jack’s wise counsel and holistic approach to their individual needs. Jack cares as much for those he serves as he does for the law itself. To feel fulfilled, this lawyer must be able to grow within his profession without losing his personal touch. If the possibility of error leads him to relinquish old relationships and avoid new challenges, Jack runs an even greater risk—that he will lose his enthusiasm for the law, burn out on monotonous matters, and let everything slip.
Jack need not master all trades to represent his clients competently. Commenting on the competence rule, the ABA believes that, “[i]n many instances, the required proficiency is that of a general practitioner.” Rule 1.1 comment [1]. But to achieve proficiency in unfamiliar areas, Jack must be willing to work for it.
In some cases, Jack may need to devour a new treatise or attend seminars to get up to speed. In others, he may collaborate with more experienced practitioners to serve his clients well. This will let him gain experience without compromising the quality of representation.
Though Jack should continue to explore diverse areas, lawyers who tackle all trades may need to find new ones themselves. Lest we risk our law licenses on unfamiliar cases, we’ve got to know when to hold ‘em, when to fold ‘em and when to walk away.
Rather than gamble with the lives of his clients, Jack must know his limitations, set reasonable boundaries, and just say “no” to cases which exceed them. Like the family doctor, Jack can then refer his clients to specialists while continuing to monitor their legal health.
If he plays his cards right, Jack’s efforts will pay off in a rewarding career, many grateful clients, and a nice mix of intellectually-stimulating matters. He may even master a few before the dealin’s done.
Irwin R. Kramer defends his fellow attorneys in disciplinary proceedings and in legal malpractice actions. Combined with significant trial and appellate experience in state and federal courts, his law firm management experience gives him an appreciation for the pressures of law practice and the ethical issues confronting attorneys on a daily basis. This article originally appeared on Mr. Kramer’s blog, The Lawyer’s Lawyer, at https://attorneygrievances.com. Used with permission.
SEEKING JUSTICE AND ACCOUNTABILITY
BEN MEREDITH
Partner
Iliff, Meredith, Wildberger, & Brennan, P.C.
BENJAMIN HOWARD MEREDITH is a partner at Iliff, Meredith, Wildberger, & Brennan, P.C., in Pasadena. He has handled complex litigation matters throughout his career, including plaintiffs’ medical malpractice, product liability, wrongful death, and serious personal injury matters. He finds the practice of law to be complex and, at times, frustrating but ultimately rewarding.
Photo courtesy of Travis Marshall Photography
I enjoy representing victims, seeking justice and accountability for the harm they’ve experienced. I appreciate that my practice allows me to consult with potential clients without the additional expectation that they will have to pay out of pocket for the discussion.
What is the best advice you have received from someone in the legal profession?
I was dealing with difficult and non-responsive opposing counsel early in my career who wasn’t meeting their discovery obligations or explaining their failure to do so. Opposing counsel then requested a deadline extension on a pending motion unrelated to the failure to respond to discovery.
While complaining about the situation, I received advice in two parts: (1) The world is round, and there will come a time when you are in a bad position and need an extension of time to respond to something. If you can give the extension without hurting yourself or your client, it’s a good practice to do so; and (2) having said that, sometimes giving extensions can hurt you or your client.
In some situations, doing the right thing for your client means politely declining a colleague’s request. Some attorneys use delay, excuses, and non-compliance without court intervention as a weapon. As a party seeking evidence for your case, if you don’t exercise the remedies available to you, the court will generally not take pity on you, even if opposing counsel is the one who failed to meet their discovery obligations. So be polite, make good faith efforts, and then file the motion to compel when it is clear that opposing counsel can’t or won’t meet their obligations.
What are some accomplishments you've achieved during your career?
I’m fortunate to have had the opportunity to serve as a judicial law clerk for the late Judge Joseph F. Murphy, Jr., during his time on the Supreme Court of Maryland (known then as the Court of Appeals). Judge Murphy’s influence on my approach to legal research and writing would be difficult to overstate.
I’ve served on several committees for the MSBA, including Judicial Appointments, Ethics, and Membership. I was honored to be appointed Vice Chair of the MSBA Ethics Committee and was recently appointed Chair of the committee. In addition to my MSBA committee work, I served a two-year term on the MSBA Board of Governors as the Anne Arundel County Bar Association’s at-large appointee. By virtue of that appointment, I served as a contemporaneous member of the AABA’s Board of Trustees. I’ve also served on several committees for the AABA and assisted with obtaining sponsorship for AABA events.
What do you enjoy most about your career?
I enjoy representing victims, seeking justice and accountability for the harm they’ve experienced. I appreciate that my practice allows me to consult with potential clients without the additional expectation that they will have to pay out of pocket for the discussion. I also appreciate that the ethical rules permit me to advance not only my time but also the expenses of prosecuting complex litigation in contingency matters. This helps reduce the financial risk for clients who may otherwise be dissuaded from pursuing justice.
How has MSBA helped you in your legal career?
MSBA has provided excellent networking opportunities throughout the state. Although I enjoy our local bar association, the statewide nature of my practice makes the opportunity to meet and network with lawyers from around Maryland invaluable.
How do you spend your free time?
I enjoy spending my free time with friends and family. You can often find me watching the Orioles, Ravens, or Capitals, and I play in several recreational sports leagues, including softball, beach volleyball, and pickleball. I also play golf and cornhole and enjoy fishing for rockfish during trophy season. I enjoy long walks with my wife and my daughters or a fresh audiobook, and I managed to log over 4.6 million steps last year using my watch’s pedometer.
Who is someone you admire, and why?
The person I admire most is my wife, Jessica Meredith. Jess and I began dating during our freshman year at Flagler College. It quickly became evident that Jess [was and still] is a brilliant, diligent, and selfless person. It has been an incredibly humbling experience watching her continuously demonstrate her ability to display these virtues over the past 20 years. She has taught in the Anne Arundel County Public School system for roughly 16 years, first as a classroom teacher and, more recently, as a literacy specialist.
Jess has been a fantastic mother to our three girls, supporting their hobbies and passions and ensuring that they develop academically and morally. She routinely puts others’ needs before her own and derives joy from watching others benefit and achieve from her support. She is kind to a fault and quick to forgive. I am constantly grateful for the incredible role model that my daughters have in their mom. I admire her for all of these reasons and more.
MSBA ETHICS OPINION 2023-03 IS THERE A DUTY TO ADVISE FORMER CLIENTS OF A CHANGE IN THE LAW?
We received an inquiry from the MSBA Business Law Section asking whether an attorney has an affirmative duty to advise a former client with respect to a change in the law that may impact a former client. Specifically, the inquiry sets forth that Congress passed the Corporate Transparency Act, codified as 31 U.S.C. 5336, (“the Act”), which became effective January 1, 2021. The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, subsequently promulgated regulations under the Act that are to take effect of January 1, 2024. 31 CFR 1010 (the “Regulations”). The Act and the Regulations require newly created business entities (with certain exceptions) to file, within 30 days of creation, Beneficial Ownership Reports that identify any individual(s) who own, directly or indirectly, 25% or more of the equity interests in the business entity or otherwise control such entity (“Beneficial Owners”). Such Beneficial Ownership Reports must also disclose certain personally identifiable information about the Beneficial Owners. The inquiry relays that the Act also requires business entities that were formed prior to January 1, 2024 to file a Beneficial Ownership Report within one year of the effective date of the Regulations, and failure to file such a report subjects the senior officers of the entity to both civil and criminal penalties (including a $500 civil penalty for each day that report is not filed and up to a $10,000 fine and two-year imprisonment).
The question posed to the Committee is:
The short answer is that an attorney does not have an affirmative duty to advise a former client of a change in the law. As you note, where the representation has terminated and no attorneyclient relationship exists, the individual or organization is no longer a client, but is instead a former client. With regard to the specific rules that you reference, Rule 19-301.1 (Competence), 19-301.3 (Diligence) and Rule 19-301.13 (Organization as Client)
The short answer is that an attorney does not have an affirmative duty to advise a former client of a change in the law.
“Whether, under the Maryland Rules of Professional Conduct, there is an affirmative obligation on the part of a lawyer to notify or attempt to notify former clients of the passage of this Act and the promulgation of the Regulations, particularly with regard to any business entity clients that the lawyer may have helped to create prior to the effective date of the Regulations? In that regard, would a failure to notify or attempt to notify such clients be considered a failure in the lawyer’s duty of diligence or competence to clients under Rules 19-301.1, 19-301.3 or 19-301.9? Does the lawyer have an affirmative obligation to the entity or the officers of the entity that he or she created, but may no longer represent, to ensure compliance with the Act and the Regulations under Rule 19-301.13? Or, conversely, does the duty to notify the client of the obligation to file Beneficial Ownership Reports required by the Act and the Regulations fall outside the general scope of representation and the lawyer’s ethical obligations where the lawyer’s prior engagement has terminated?”
all contemplate obligations to a client as opposed to a former client. As such, they do not apply or impose an affirmative duty to notify or advise a former client after the representation has terminated. Conversely, Rule 19-301.9 (Duties to Former Clients) does expressly address duties to former clients, but does not impose any duty to provide legal advice or notification about a change in the law. Instead, the duties to former clients under the latter Rule are to avoid conflicts of interests (Rule 19301.9(a) & (b)) and to protect the confidentiality of information shared by the former client and refrain from using it to the disadvantage of the former client (Rule 19-301.9(c)). The trickier issue may be determining whether the representation has terminated such that an individual or organization is actually a former client. Termination of a representation is a factual issue dependent upon the particular circumstances. A letter terminating the representation or recognizing that it has been completed is a best practice, but often there is no such writing memorializing the end of the representation. Since the inquiry assumes that the representation has terminated, this issue is beyond the scope of the inquiry.
We hope this response is helpful. Thank you for contacting the Committee on Ethics.
Very truly yours,
MSBA COMMITTEE ON ETHICS
PLEADING CAUSES OF ACTION IN MARYLAND
7 TH EDITION
BY PAUL MARK SANDLER, JAMES K. ARCHIBALD, AND ELEANOR T. CHUNG
Pleading Causes of Action in Maryland, Seventh Edition is the starting point for drafting and analyzing virtually all pleadings in Maryland.
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Just one of 130+ print and digital treatises and coursebooks provided by MSBA.
THIS EDITION FEATURES:
• More Than 100 New Cases
• New Causes of Action, including Breach of Fiduciary Duty and Intentional Interference with an Inheritance or Gift
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• Updates on MDEC Requirements
Criselle Anderson EDUCATIONAL PROGRAM ASSISTANT
CRISELLE ANDERSON CURRENTLY SERVES as the Maryland State Bar Association's (MSBA) Educational Program Assistant. As a part of MSBA's Learning Department, Anderson helps ensure that members have access to quality continuing legal education (CLE) programs. Among other things, she spends her time coordinating with volunteer faculty and CLE presenters, following up with members and practitioners for feedback, and assisting members who need help reporting and compliance with Mandatory Continuing Legal Education regulations for surrounding states.
Before joining MSBA, Anderson worked on compliance and reporting matters related to continued education for the American Institute of Architects. Before that, she spent time working as a paralegal for a law firm specializing in Elder Law, and Estates and Trusts. Anderson's roots run deep in the Baltimore area; she's lived in the area her entire life, and on staff, she's known for being an avid Orioles fan.
Tell us a little about yourself.
I live in Baltimore County with my husband and daughter. I love gardening, nature, camping, and beach trips with my family. I've lived in the Baltimore area my whole life, so the only baseball team that matters is the Orioles.
I am proud to be part of providing quality continuing legal education that is a valuable resource for our Members.
What's your favorite part of your job?
I love the dedication that our volunteer faculty and presenters have to educate fellow practitioners. Also, I enjoy hearing feedback from Members about how much they found a CLE program very useful to their practice. We often hear comments that a CLE program is the best, yet that really makes my day.
What is an interesting fact about you we wouldn't find on your resume? I credit Night Court for getting me into the legal profession.
What do you do to de-stress or unwind?
Drink wine! Seriously, spending time in the garden, even for a few minutes, can change my focus and put me in a different headspace. I also rely on exercise to de-stress, whether it's weightlifting, yoga, or rock climbing.
Advances in Technology and Advocacy
ON NOVEMBER 1, 2022, I officially took over the helm and began serving as MSBA’s Executive Director/CEO. It was a busy day that included hosting one of the largest events since COVID-19, the Office of Public Defender’s 50th Anniversary Gala. Looking back, my first year was a bit unusual. For instance, November 1st is a slightly odd time to take over. By that time, we were about four months into our fiscal year, and much of the planning for the year had been
done months ago. As a result, my focus was to maintain our current course and fulfill the objectives set by our Strategic Plan, adopted by MSBA’s Board of Governors in May 2018.
That stated, I also made it a goal to address some of the feedback I heard during my five prior years with MSBA, serving in many different capacities, but most recently as MSBA’s chief operating officer. One of the biggest challenges attorneys would report is accessing MSBA’s technology, from login issues to accessing the email discussion lists (e.g. “listserv” or “MSBA Connect”) to facing “time out” issues when trying to join or renew. It was clear from this feedback that our technology needed to be updated.
Don’t get me wrong, the technology MSBA instituted in 2018 was years ahead of the 20+ year-old systems previously in place. Members could finally pay online, access an OnDemand catalog of courses through a single sign-on, and search MSBA’s resources and templates. However, in the world of technology, five years is a long time. Advances in software systems, AI, and more occur every day, and I knew we could find a better system that was easier for attorneys to (1) login, (2) find resources, and (3) join, renew, purchase, or download MSBA memberships and resources. After many months of planning, we found a new solution that will deliver on these goals, and MSBA staff has been working to implement this technology with a planned debut in April 2024.
In addition to technology, I heard from many members about transparency and the need for greater information sharing. To address this issue, we have reintroduced a “From the Boardroom” blog and other communication tools to keep members informed.
Finally, I heard from members that advocacy is one of the most valued benefits of membership in MSBA. The team at MSBA continues to build our advocacy strategy and ensure that when MSBA speaks the legislature, governor, and judiciary listen. To further strengthen our commitment to advocating on behalf of the legal profession, we recently welcomed former Maryland Attorney General, Brian Frosh, to the MSBA team. Brian’s knowledge of the legislative process and influence as a former attorney general will help to further the goals of MSBA and its partners at the Access to Justice Commission.
These are just a few examples of what the MSBA team is working on and how we are focused on delivering more value for your membership. If you have feedback, questions or concerns, please do not hesitate to contact me directly (anna@msba.org) or send an email to feedback@msba.org.
Thank you for your continued membership and support of the Maryland State Bar Association.
Anna Sholl, Executive Director
Former Attorney General Brian Frosh joins MSBA as Strategic Advocacy Advisor
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