Volume 3 Issue 2

Maryland BAR JOURNAL

CELEBRATING OF THE PROFESSION 125 YEARS

M. Natalie McSherry

MSBA President & Great-Granddaughter of MSBA's First President

James McSherry

MSBA's First President

50 When Law Really Is the Family Business

SPECIAL 125TH ANNIVERSARY EDITION SECTIONS

Celebrating MSBA Partner Organizations

155 Maryland Bar Foundation MSBA Philanthropic Arm Since 1965

156 MBF Grant Connects AmeriCorps Vista Volunteers with OPD During Pandemic

158 Reaping the Rewards of Hard Work: Raphael J. Santini

160 Pro Bono Resource Center of Maryland — A Look Back

167 Bringing Law to Life

A Family Business

48 From MSBA President McSherry to MSBA President McSherry: the 125-Year Connection

50 When Law Really Is the Family Business

71 Father-Son Civil Rights Duo Reflect on Family Legacy

84 For Sister-Brother Duo, Law Is a Family Affair

106 Building a Legacy

121 Antezana & Antezana: A Law Firm Built by Latinos for Latinos

134 Attorneys, Sisters, Allies

Legal Profession: 125 Years of Evolution

59 The Evolution of MSBA Legislative Advocacy

92 From Exclusion to Acceptance: Women Lawyers in Maryland

118 The Rapidly Evolving Practice of Law

126 The Evolution of Ethics in Maryland Over the Past Quarter Century

Large Firm Landscape

30 The Future of Firms

FOCUS Specialty Bar Associations:

Publication Date: December 2021

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: Victor L. Velazquez

Editor: Anna S. Sholl

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Subscriptions: MSBA members receive THE MARYLAND BAR JOURNAL as $20 of their dues payment goes to publication. Others, $42 per year.

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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.

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Editorial Advisory Board

Natasha Nazareth, Esq., Chair

MSBA Officers (2021-2022)

President: M. Natalie McSherry

President Elect: Vacancy

Secretary: David P. Shapiro

Treasurer: Jason DeLoach

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.

EDITORIAL ADVISORY BOARD (2020-21 BAR YEAR)

Anna Sholl

Alexa E. Bertinelli Susan K. Francis Peter A. Heinlein

Reena Shah

Andrea Terry

David Sidhu

Corinne M. Pouliquen

Tracy Steedman

Bill Hall

Andrea Solan

Hon. Nathan Braverman

Natasha Nazareth, Chair

Richard L. Adams, III

Robert D. Anbinder

Hon. Vicki Ballou-Watts

Wolters Kluwer Legal & Regulatory U.S. Proudly Announces the New Second Edition of Maryland Corporation Law

by James J. Hanks, Jr., Partner, Venable LLP

Celebrating 31 years of Publication!

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Written by one of Maryland’s most respected and experienced corporation lawyers, Maryland Corporation Law is based on the most thorough research ever undertaken for a book on this subject. Every volume of the Maryland Reports and Maryland Appellate Reports — as well as many other sources — was reviewed page by page to discover all cases dealing with Maryland corporation law issues since 1658.

The book contains many easy-to-use forms, including articles of incorporation, bylaws, organizational and other minutes, board and stockholder resolutions, articles of merger, articles of amendment, articles of transfer, and articles of dissolution. All are specific to Maryland. This new Second Edition also includes the author’s analysis of recent statutory and case law developments.

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MSBA UPDATES

4 President's Message

11 MSBA in the Community

169 Fresh Faces: MSBA Leadership Academy

171 Fresh Faces Future Leaders with Family Ties

174 Staff Profile: Theresa Michael

176 Executive Director's Message

ACCESS TO JUSTICE COMMISSION

146 Pro Bono Call to Action

147 Funding Civil Legal Aid in Maryland: Susan Erlichman

149 From Civil Rights to Civil Legal Aid: Wilhelm Joseph

105 Building An Advocacy Machine: John Nethercut

FOR YOUR PRACTICE

25 Hogan Appoints Getty as Chief Judge of the Court of Appeals

80 Talk the Talk: Your Guide to Common "Lingo" Heard Around the Courthouse

102 Case Notes: Companies Named for Rodney Dangerfield Characters “Get No Respect” From Court of Special Appeals

104 Case Notes: Baltimore Firm Plays Big Role in Historic USC Settlement

111 Book Review: Autopsy of a Crime Lab – Exposing the Flaws in Forensics

124 Milestones in Agricultural Law

136 The Maryland Justice Passport: Technology Helping Marylanders Find Civil Legal Aid

HEALTH & WELLNESS

77 MSBA Lawyer Assistance Program: Helping Maryland Attorneys for Over 40 years

78 A Personal Story by a Maryland Attorney

Celebrating Our Past & Preparing for Our Future

In my first message as President of the MSBA, let me begin by saying that it is an honor to serve as the President of the MSBA as we embark on a major milestone for the organization and the legal profession.

As many of you know, the MSBA has been on a multi-year journey to evolve and adapt to the opportunities and challenges facing voluntary bar associations across the country. The hard work and leadership from the Presidents that came before me, our Board of Governors, our Executive Director, Victor Velazquez, and all of the MSBA staff has helped the MSBA establish a long-term vision and roadmap to ensure the MSBA continues to improve and to serve as the home of the legal profession in Maryland.

"The vision set forth in the past four years is beginning to be realized."

The hard work of all these people has also helped the MSBA achieve 105% of its goals for membership renewals and new members for the 2020-21 Bar year. For the first time in over a decade, the MSBA is experiencing membership growth rather than contraction. Membership is also off to a very strong start in 2021-22, as we have achieved over 92% of our membership goal through September 2021. The vision set forth in the past four years is beginning to be realized.

Focusing on the past...

As an organization that is commemorating 125 years serving a professional community devoted to the administration of justice, the story of the MSBA is a long one. I want to share a little about the beginning of that story, so that we can better understand where we are headed in the chapters to come. The MSBA has the ability to drive big results when it focuses on its goals – as it has in recent times and since its very founding

On August 28, 1896, the MSBA held its first meeting. Around 185 attorneys met at the Blue Mountain House in Pen Mar, Maryland. They elected a President, nine Vice Presidents, a Secretary and four members of Executive Council. To a certain extent, the Constitution adopted at that gathering in 1896 still forms the basis of our mission and focus to this day:

To advance the science of Jurisprudence, to promote reform in the Law, to facilitate the administration of justice, to uphold the standard of integrity, honor and courtesy in the legal profession, to encourage legal education and to cultivate a spirit of cordiality and brotherhood among the members of the Bar

As these words reflect, the founding members understood well the fundamental truth in our society of laws – that change is the only constant, and that lawyers, as the stewards of our legal system, have a duty to see that it changes for the better.

And indeed, much has changed since 1896, perhaps more than the founding members anticipated. Five years later – in 1901, our founding President, the Chief Judge of the Court of Appeals, authored the decision that denied Etta Maddox – the first woman to apply – admission to the Maryland Bar.

He may or may not have imagined at the time that women would become a significant part of the profession or that in fact, three of his great grand-daughters would today be Maryland lawyers or that women would lead this organization and that one of those great-granddaughters would become President of the MSBA today – the same MSBA he helped found.

Our beginnings are an important part of our long story. Although the principles expressed in that Constitution remain the same, our evolution toward realizing those principles – by embracing the full diversity of our society – has made achieving positive change more possible, more just and more impactful.

The MSBA has come to represent – more closely –all segments of the Maryland Bar and of Maryland.

Natalie's Great-Grandfather and MSBA's first President, the Honorable James McSherry

This will always be a work in progress and more work needs to be done. That too is part of our story.

As we continue our work, achieving who we aspire to be, our story includes numerous examples of delivering on our founding principles in profound and practical ways. We will be publishing an updated new book detailing our 125 years, building on the excellent effort that produced our centennial book. So I won’t recount what we’ve accomplished over the many decades before today, but building on our imperfect past and recognizing we are and will always remain a work in progress, we have accomplished much during the unprecedented crisis of this past year.

Looking Forward

On the heels of a successful effort to fight back against the taxation of legal services, the MSBA was confronted with Covid. More importantly, it’s members and the citizens of Maryland were confronted with this epidemic. What role could the MSBA play? How could the MSBA weather this storm? By maintaining laser focus on the wellbeing and interests of Maryland attorneys and society at large.

As you’ve all experienced, the MSBA quickly shifted to provide alternative ways to deliver needed resources to attorneys – at no additional cost to them.

MSBA members have consumed over 45,000 hours of virtual live and on demand content in the past year. MSBA members needed to maintain a sense of connections with peers they could no longer see in person, or shake hands with. The MSBA held literally hundreds of opportunities for that to happen virtually.

During chaotic times, the MSBA served as a critical information clearinghouse in the midst of shifting courthouse protocols and pronouncements. And as recently highlighted in our Maryland Bar Journal, we continued to work with attorneys who had become overwhelmed during all of this. Our Lawyer Assistance Program helped a growing number of our colleagues who had mental health, substance abuse and other crises – Colleagues who you may come into contact with; Attorneys who you will never know we helped through our confidential program. These are colleagues who – more accurately stated, you helped by being part of our MSBA.

Through the Access to Justice Commission, the MSBA also helped ensure that our elected officials understood the gravity of the civil justice crisis. It

successfully advocated for over $20M in civil legal aid funding and over 19 laws were passed to advance access to justice during the 2021 legislative session.

Ultimately, our members were confronted with returning to courts, to their offices, and to their agencies. They needed to help others, but needed to be protected in doing so. Again, the MSBA recognized the importance of advocating on their behalf before vaccines were widely available. Those delivering justice needed our advocacy.

What will we be doing to celebrate our 125 years?

Soon we will be releasing our microsite and the updated version of the MSBA Centennial Book, covering the past 25 years and more. Over the next 18 months, we will continue to celebrate our 125th anniversary through a series of events, including the 125th Anni-

versary Gala on March 3, 2022.

We will also launch the 125th Anniversary Thought Leadership Series focused on four key areas:

GUARDIANS OF JUSTICE – to explore the role of professional responsibility and ethics in shaping and constraining justice

REFORMING JUSTICE – to explore the responsibility of the legal profession in propagating or dismantling racial injustice and other inequities and spurring meaningful criminal justice reform

ACCESS TO JUSTICE – to explore the role of the legal profession in perpetuating or disrupting the civil justice crisis; the disparate impact of the civil justice system on communities of color and other minorities or marginalized citizens; and the road to meaningful civil justice reform

SCIENCE, TECHNOLOGY & JUSTICE – to explore the unique questions, challenges and opportunities at the intersection of law, science & technology, across the spectrum, from the regulation of innovation to issues of access and bias.

My Goals for 2021-22

With the help of the Board of Governors and our new Executive Committee I plan to focus on:

(1) continuing on the journey to position ourselves as a modern Bar and a vital part of this profession;

(2) celebrating 125 years of excellence – of work in progress and opportunities to look ahead;

(3) helping our profession continue its transition out of this pandemic;

(4) working toward access to justice for all; and lastly

(5) driving ever more value for the entire legal profession. Solos, small firms, mid-large sized, in-house, government, judicial and academic, non-profit and alternative career path attorneys, to name a few. We are and will continue to be the home of the entire Maryland legal profession.

Get Involved

There are many ways to engage with the MSBA, and we hope you take advantage of engaging in a way that fits your career and lifestyle. Below are just a few examples of how you can contribute:

• Attend a live virtual CLE or access OnDemand Content anytime (Remember: Your membership

includes most virtual CLE 90 mins or less).

• Share your knowledge: Write a short blog, share a template through MSBA Connect or the new MSBA Resource & Learning Library, draft a bar journal article, develop a virtual CLE course, or serve as a mentor through one of the many Section programs.

• Volunteer: Join a Section (one is now included in your membership), apply to serve on one of the many Committees & Task Forces at the MSBA, or reach out to MSBA staff for other opportunities to engage.

Whether you choose to consume our digital member content or show up to an in-person CLE, we want you to rely on the MSBA in your way.

"Whether you choose to consume our digital member content or show up to an in-person CLE, we want you to rely on the MSBA in your way."

Thank you so very much for this very humbling honor to serve as your MSBA President. I can only hope for your support toward our common goals as stated in the original Constitution:

To advance the science of Jurisprudence, to promote reform in the Law, to facilitate the administration of justice, to uphold the standard of integrity, honor and courtesy in the legal profession to encourage legal education and to cultivate a spirit of cordiality and brotherhood among the members of the Bar.

M. Natalie McSherry, President

SPECIAL EDITION

What to Expect What to Expect

In this 125th Anniversary Special Edition of the Maryland Bar Journal, we’re celebrating the legacy of the legal profession from a variety of perspectives. Here are some key themes to look for as you read.

A FAMILY BUSINESS

Celebrating members that have made the legal profession the family business.

LARGE FIRM LANDSCAPE

Learning more about some of Maryland’s largest law firms.

ADVOCACY & ANNAPOLIS

The changing faces in Annapolis and MSBA’s advocacy efforts.

LEGAL PROFESSION:

125 YEARS OF EVOLUTION

A look at how ethics, legal education, access to justice, and the face of the profession has changed.

CELEBRATING MSBA PARTNER ORGANIZATIONS

A brief history and recognition of the important work by those in partnership with the MSBA.

Maryland attorneys: Powering

communities

OVER THE LAST 125 YEARS , MSBA has been involved in some of the most notable developments in the legal profession. It’s been home to thousands of lawyers, helped create opportunities for legal professionals, and served the community through partner organizations.

Join us as we celebrate 125 years of service, growth, and impact!

SHARE your MSBA memories at msba.org/125.

SUBMIT a speaker suggestion, content idea, and/or program proposal for the 18-month 125th Anniversary Thought Leadership Series. We will collect ideas on a rolling basis. Learn more at msba.org/125thSeries.

READ Exploring Our Past, Forging Our Future: 125 Years of Change, an all-new digital publication documenting the organization’s historical impact. Available Winter 2022.

REGISTER for the MSBA 125th Anniversary Gala, March 3, 2022, at Maryland Live! Casino at Arundel Mills. Purchase tickets at msba.org/125thgala.

MSBA: Celebrating 125 Years of Connecting the Profession

Over the past 125 years, the MSBA has held countless networking events, CLEs, and conferences. It has hosted top speakers and leaders in the profession, and sought to engage attorneys from all sectors of the profession, at any stage of their career.

Up until March 2020, most events, CLEs, and conferences were held in-person with limited remote attendance options. However, in March 2020, the MSBA, like many organizations, quickly pivoted to a completely virtual environment. As part of this transition, the MSBA held the first annual Legal Excellence Week in November 2020 on the new MSBA Learn App, allowing attorneys to attend from anywhere.

These virtual events helped the MSBA reach more members from more parts of the State and beyond. Attorneys that had not been engaged before, are now participating, and overall engagement is up. Indeed, during the 2020-21 Bar year, MSBA members consumed more than 40,000 hours of online learning and content.

EVENTS

As we look forward to celebrating our 125th year, the MSBA hopes to return to hosting in-person events, while not losing sight of creating an engaging virtual attendance experience as well. Additionally, MSBA plans to add a new wrinkle to some of its signature events, by creating regional “watch parties,” that will allow attorneys to join their colleagues in local settings, while connecting attorneys from other locations or joining from home. The pilot of this concept is set to debut with our 2nd Annual Legal Excellence Week in March 2022.

ON-DEMAND LEARNING & CONTENT BECOMES A PRIMARY FOCUS

In addition to engaging attorneys at in-person and virtual events, the MSBA is also focused on building an OnDemand Learning & Content Library to provide practical resources and tools to legal professionals. From 1-hour webinars on emerging areas of law, to checklists and forms in our Resource & Learning Library, attorneys, paralegals, and other legal professionals can find what they need, when they need it. Plus, it’s all included with your MSBA membership.

MSBA is also expanding content delivery methods, as it looks to debut a new podcast, Lawyer Link App, and other technology for its members. Stay tuned for more on these emerging resources.

MSBA APPLIES LESSONS FROM COVID-19 TO FUTURE

EVOLUTION of the

The MSBA has seized opportunities and addressed challenges since its inception, never wavering in its commitment to Maryland attorneys, firms and the profession at large. A clearly defined vision and set of operating values are the foundation for continued success, as are the efforts of talented volunteer leaders, members and staff.

Witha new volunteer President serving as the face of the organization each year, the Executive Director serves to ensure continuity across years and decades as the MSBA navigates the realities and personalities of the moment. Eight individuals have served in this capacity during the past 125 years.

While the MSBA's leaders' focus has always been to provide members with support and valuable resources, the means necessary to achieve those objectives have changed over time. Rapid advances in technology in recent years made it clear that the MSBA needed to modernize and mobilize its assets and services to better connect with and serve its increasingly tech-savvy membership. As such, in 2015, the MSBA retained McKinley Advisors to survey members with the goal of using the information it derived to develop strategies and objectives for increasing the value members receive by joining the MSBA. The results of this survey

capabilities and so much more. More than a dozen attorneys brought onboard, in addition to the rest of its highly experienced professional staff, Victor remained focused on evolving the association to be the modern home of the legal profession focused on today and the future.

In 2018, the MSBA formed a Strategic Vision Committee to develop and recommend priorities and objectives to help reposition the MSBA for the future. The Committee reviewed the McKinley survey, a 2018 Member survey, and considered feedback and data pertaining to the MSBA specifically and bar associations in general from numerous other sources to formulate its recommendations. The Committee then presented its recommendations to the MSBA Board of Governors in April 2019; the Board unanimously approved them the following month.

Since then, the MSBA has evolved into an organization that embraces and employs technology in achieving its objectives. For example, in December 2019, the MSBA introduced

Rapid advances in technology in recent years made it clear that the MSBA needed to modernize and mobilize its assets and services to better connect with and serve its increasingly tech-savvy membership.

provided invaluable input into the ultimate of foundational recommendations adopted in May, 2017 that sought to transform the MSBA.

2017 was set to become the next chapter in the organization’s rich history coinciding with the arrival of Victor Velazquez. The 8th Executive Director who came to the MSBA with 20+ years experience leading within large associations with members in the US and throughout the world. Whether as SVP of Strategy of the 400K member American Institute of CPA’s or as the Chief Operating Officer of the 110K member DC Bar, Victor came to the MSBA with a history of serving as a change agent. And change and transformation is what the 2015 McKinley results demanded as well as an environment that had dramatically changed for voluntary Bars in the US over the preceding decade.

During a 5-year period launching in 2017, two years of which witnessed the specter of the COVID pandemic, the organization underwent a transformation that ultimately led to becoming a leading voluntary state Bar in terms of membership growth performance year over year in 2021. A transformation related to brand, technology platforms, the member value proposition, the delivery of learning and services, staff

MSBA Connect, a tool that allows members to network and communicate with one another on a virtual platform. The MSBA has also steadily increased its opportunities for virtual engagement and learning, covering a variety of practice areas.

The MSBA continued to serve as the voice for the legal profession in Maryland as well. In March 2020, it opposed House Bill 1628 and the taxation of legal services. The MSBA marshalled all of its new communication capabilities and mounted a multi-pronged effort to educate legislators and the public on the implications of the Bill. Its efforts in defeating the proposed legislation were recognized by the American Society of Association Executives later in the year when the MSBA was selected for its The Power of A Award.

The MSBA's evolution into a technologically savvy organization not only increased the availability of the MSBA's resources and products and enabled greater communication between the MSBA and its members, but it also allowed the MBSA to seamlessly transition from working out of its Baltimore headquarters to a fully virtual environment when the COVID-19 pandemic hit in the Spring of 2020. While many organizations struggled to adapt to using remote platforms,

the MSBA was largely able to maintain its pre-pandemic level of service, presenting a virtual Legal Excellence Week in 2020 and a virtual Lobby Day and Legal Summit and Annual Meeting in 2021. More than 40K hours of content, learning & networking occurred, enabled by systems and people tied to the 2017 foundational recommendations.

The MSBA also continued to advocate for attorneys throughout the State throughout the pandemic, filing an amicus brief in Chavis v. Blibaum Associates, P.A., in January 2021 to protect attorney advocacy rights and, in March 2021, advocating for all attorneys to be included in Phase 1C of COVID-19 vaccine distribution per national CDC guidelines.

Victor Velazquez has served during a period of significant transformation garnering local and national accolades for the innovative thinking, initiatives and efforts he brought to the MSBA. Just the latest exceptional CEO in a history of talented staff leaders.

A History of Executive Directors

1985-2016: Paul Carlin worked as the Philadelphia Bar Association's Director of Legal Services and the Director of Public Service Activities of the Washington, D.C. Bar Association before joining the MSBA in 1985. He then became the Executive Director of the Baltimore City Bar Association and the Connecticut Bar Association before beginning a 32-year tenure with the Maryland State Bar Association. In the years that Paul held the position of Executive Director, the MSBA experienced noteworthy changes, like the incorporation of technology into the practice of law and the relocation of the MSBA headquarters.

1964-1967: Paul R. Schlitz was appointed as the second full-time Executive Director of the MSBA in 1964. Mr. Schlitz was a Maryland lawyer, former Chief Attorney of the Legal Aid Bureau, and later served as Clerk of the U.S. District Court for the District of Maryland.

1962-1963: Alexander Gordon, III, Esquire, served as the first full-time Executive Director of the MSBA from 1962 until his untimely death on July 11,1963.

1960-1962: William P. Cunningham, Esquire, Professor of Law of the University of Maryland, took office as a part-time Executive Director and Assistant Secretary of the MSBA in July 1960.

1960-62

1962-63

1964-67

1967-76

1976-77

1977-84

William P. Cunningham

Alexander Gordon, III

Paul R. Schlitz

Manley E. Davis

Arthur L. Mullen, Jr.

William J. Smith, Jr.

1985-2016 Paul V. Carlin

2017-PRESENT Victor Velazquez

Former MSBA Executive Directors

Paul Carlin (left) and Paul Schlitz (right)

Current MSBA Executive Director Victor Velazquez

MSBA Holds First Ever 100% Virtual Legal Summit

In June, for the first time in its storied history, the MSBA held a 100% virtual Legal Summit! It did not disappoint. With over 80 programs held over three days in June and throughout the summer as part of the Legal Summit Series, fascinating keynote speakers, and fun social events, there was no wonder why over 600 participants joined in from across Maryland and beyond.

Attendees Enjoyed High-Profile Keynote Speakers

The Legal Summit featured a series of high-profile, informative and entertaining keynote speakers. On the first day, Senator Amy Klobuchar spoke with former MSBA President Judge Mark Scurti about her new book on antitrust issues and her political career. Judge Scurti then engaged in an inspiring and informative conversation with former Secretary of State Madeleine Albright, who talked about everything from her experiences as Secretary of State, her thoughts on the pandemic, and her cameo appearances in television shows. NPR Legal Analyst Nina Totenberg wrapped up the first day, offering her perspective on the U.S. Supreme Court, a topic she has reported on for over four decades. Tina Tchen, co-founder of Time’s Up, spoke on the second day about the importance of creating work environments where everyone feels safe. Author Robert Glazer was the keynote speaker on the last day of the Legal Summit, offering insights into the power of the remote workforce.

Legal Summit & Legal Summit Series Combined to Offer over 80 Programs

Throughout the Legal Summit, participants were offered legal education seminars on various topics, including the remote practice of law, artificial intelligence as evidence, ADR, ethics, and personal branding. They also had the opportunity to network with other members of the MSBA via virtual lunch gatherings on the second and third days. Beginning in April and throughout the summer, the Legal Summit Series offered additional programming, which was free to all Legal Summit attendees. These one-hour virtual programs focused on more niche topics.

As Always, the Legal Summit Offered a Dose of Fun

The Legal Summit offered participants entertaining chances to connect with their fellow attendees. The first day concluded with the ever popular “Are you Smarter Than a Law Clerk” game, followed by Judge Scurti’s final “Cooking Connections,” which raised money to support the Maryland Food Bank. The second day ended with a live performance by The Second City improv group from Chicago that featured President Scurti and MSBA staff and members doing scavenger hunts and playing along with the improv cast.

The MSBA Welcomed President M. Natalie McSherry and Launched 125th Anniversary Celebration

On Friday, after the Legal Summit concluded, the MSBA conducted its Annual Business Meeting. The meeting provided an opportunity to offer thanks and farewell to outgoing President Judge Scurti and welcome the new MSBA President, M. Natalie McSherry. The MSBA was honored to have keynote speaker Lt. Gov. Boyd K. Rutherford deliver a “State of the State” address during the meeting. Additionally, the MSBA announced its upcoming 125th Anniversary, which will be celebrated with numerous events over the next 18 months, including a gala, a commemorative publication, a thought leadership podcast that will allow for learning and discussion, and outreach to the public in addition to the legal community. While the traditional gathering in Ocean City was missed, the MSBA community was able to connect, learn and have fun at the 2021 Legal Summit and Annual Meeting like always, and we look forward to next year’s event being even bigger and better.

Keynote Lineup Delivers Intriguing Insight and Some Laughs

The MSBA was greatly honored with, not one, but three tremendous keynote speakers at this year’s Legal Summit: former U.S. Secretary of State Dr. Madeleine Albright, Senator Amy Klobuchar, senior senator from Minnesota, and Nina Totenberg, legal affairs correspondent for NPR. The speakers were joined by outgoing MSBA president Mark Scurti.

PRESIDENT SCURTI REMARKED that interviewing

Secretary Albright was one of the highlights of his life, and it’s easy to see why. The first woman to serve as Secretary of State has lived a remarkable and full life, and she is still going strong. She began by expressing her gratitude to and admiration for the legal profession, mentioning that many in her family are members of the bar. Secretary Albright recounted her family’s journey from postwar Europe — past the Statue of Liberty in New York Harbor as they arrived in America — to their eventual home in Denver.

Secretary Albright remembered the constant words of her father, that democracy is a gift, and it is fragile. He worried that Americans did not appreciate or understand the tenuous nature of that gift. Those sentiments remain with his daughter to this day, recent events making them much more admonitory.

Secretary Albright, a mother of three, said she first got into politics when she started fundraising for her children’s school. After she received her Ph.D., she went to work as a legislative assistant for Zbigniew Brzezinski on the National Security Council under President Jimmy Carter. After Carter lost the election in 1980,

Secretary Albright joined the faculty of Georgetown University, and continued to advise Democratic candidates.

Secretary Albright met Bill Clinton during debate preparation for the 1992 election. President Clinton later appointed her the U.S. Ambassador to the United Nations. Two years later, when the top job at the State Department was opening up, there came, as Secretary Albright calls it, “The Great Mentioning” of the possibility of her appointment. There was also significant opposition because of her gender. Hillary Clinton, who later served as the third woman to serve as Secretary of State, was behind the appointment and told her husband that it would make his mother proud.

On a lighter note, Secretary Albright said she has enjoyed her many television appearances where she has played herself. It all started with “Gilmore Girls” when the producers sought her advice on who should play her. Secretary Albright said she didn't want anyone playing her because she wanted to play herself. That led to appearances on “Parks and Recreation” and several guest appearances on “Madam Secretary” including one episode which included Secretary Albright and former Secretaries of State Hillary Clinton and Colin Powell.

Finally, Secretary Albright revealed details about her famous pins. She purchased many of the distinctive brooches in New York when she was UN Ambassador. There was a snake, an eagle, and many others, including the scales of justice that she wore when she spoke to the MSBA. The phrase, “Read My Pins,” was coined when she was at the UN. Many of the pins have been included in various museum exhibitions and remain part of her legacy as the first woman Secretary of State.

“There is nothing more liberating in life than fighting for a cause larger than yourself.”

When Senator Amy Klobuchar joined President Scurti she remarked at how impressed she was with the considerable lineup of distinguished keynote speakers. Secretary Albright and Nina Totenberg are among her heroes. Senator Klobuchar, who

practiced law before going into politics, has just published a new book: Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age (Knopf, 2021). She is a graduate of the University of Chicago Law School. Her husband, John Bessler, is a professor at the University of Baltimore Law School.

Senator Klobuchar focused her remarks on her antitrust work. She said one of our jobs as lawyers is to make the growing problem of trusts more understandable. She said she will explain to people that the reason their drug prices are so high, or that we don’t have privacy in big tech, is because of a lack of action in antitrust. The breakup of telecommunications giant AT&T in the ’80s led to competition and lower prices. More of these kinds of actions are needed now.

But today, Senator Klobuchar said, we see giants in many industries. From “cat food to caskets,” she said, industries are being dominated by giant corporations. She pointed to the travel industry as one of the biggest examples, where, she said, there are only two major players in control. Senator Klobuchar says Americans have an understanding that this sort of consolidation and control leads to a slump in startups as well as less innovation.

Senator Klobuchar said she believes strongly in capitalism. Her efforts are not about punishing success. It’s about making capitalism work and work better by allowing for competition in new markets, which will rejuvenate our capitalism.

She closed with the words of her friend, the late Senator John McCain. When she visited him in his final days, he pointed to something he had previously written: “There is nothing more liberating in life than fighting for a cause larger than yourself.”

Nina Totenberg, the acclaimed NPR Legal Affairs Correspondent whose reports regularly air on All Things Considered, was the

final keynote speaker at the 2021 MSBA Legal Summit. Totenberg has earned widespread recognition for her coverage of the U.S. Supreme Court over four decades and has been honored seven times by the American Bar Association for continued excellence in legal reporting.

Totenberg is not an attorney but is considered to be the dean of legal affairs correspondents. Over the years, she developed a deep understanding of the law, and ultimately, she found her lack of a legal degree to be beneficial as it helped her to report complex legal matters in a manner that a person without legal training could understand.

When Totenberg initially began covering confirmation hearings, no broadcast news organizations were present. Justice Sandra Day O’Conner’s hearing was the first to be televised, and Totenberg believes live coverage was very valuable in the beginning as they often provided subtle insight into how Justices would rule.

Totenberg formed relationships with Justices Ruth Bader Ginsberg and Antonin Scalia prior to their appointments to the Supreme Court and considered both of them to be close friends. Her relationship with Justice Ginsberg began after she called her to ask questions about a brief she had written on a case being argued before the Supreme Court, which resulted in an hour-long explanation. Following that conversation, Totenberg regularly called Justice Ginsberg, who at that time was a Rutgers University law professor, to check in and the two became friends.

The biggest misconception the public has about the Supreme Court is that the Justices should rule in favor of what is right, rather than what the law dictates. Totenberg noted that ruling according to the law frequently results in unjust outcomes, but it is the Court’s duty is to uphold the

The biggest misconception the public has about the Supreme Court is that the Justices should rule in favor of what is right, rather than what the law dictates.

law. While she tries to keep her personal opinions separate from her work, Totenberg found the Pentagon papers case, in which the Court vindicated the idea of the free press, to be the most memorable ruling of her career on both a personal and professional level.

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CELEBRATING A HISTORIC CAREER

FORMER CHIEF JUDGE MARY ELLEN BARBERA

Recently retired Chief Judge Mary Ellen Barbera, who spent eight years as a teacher before going to law school, has never stopped learning. In a recent sit-down with MSBA President M. Natalie McSherry, Former Chief Judge Barbera’s reverence for lifelong learning was a common thread no matter which way the discussion turned.

SHE LEARNED PLENTY from the families of her early childhood education students in Baltimore’s Cherry Hill neighborhood. “I wanted to learn and get better as a teacher,” she noted, and saw that, no matter the family situation, “some issues are absolutely universal . . . we care about our children.” When her late brother-in-law Tom Barbera, a lawyer, encouraged Judge Barbera to consider a career in law, she learned how to juggle night school with her day job and the challenges of raising two young children, who were ages five and nine at the time.

Judge Barbera developed an interest in criminal law at a very young age, and intended to practice that specialty upon graduating from law school. This initial plan shifted slightly when just two weeks into her post-school clerkship with “one of [her] heroes” Judge Robert L. Karwacki, Judge Karwacki moved from the Circuit Court of Baltimore City to the Court of Special Appeals, and Judge Barbera went with him. Judge Barbera notes that the clerkship “changed the trajectory of my career, and I’ve never looked back. It has been magnificent.” Although she had anticipated working as a trial lawyer, Judge Barbera subsequently took a job in the criminal appeals division of the Maryland Attorney General’s office.

Again, the theme of learning came up; Judge Barbera counts among her mentors former Maryland Attorney General Stephen H. Sachs and former U.S. District Court Chief Judge Deborah K. Chasanow, who were her colleagues in the criminal appeals division. But the job also offered her real-time education: “Additional learning comes from standing before an appellate court.” And even after her lengthy judicial career that culminated in holding the state’s highest judicial office, Judge Barbera still cringes at some of the more difficult lessons she

“

We never forget the hard things… they push us forward not just as better lawyers or better judges but as better people.

learned as an appellate attorney, describing an experience when the Court of Special Appeals sat en banc to rehear an argument she had given before a three-judge panel. “Everyone from my division was there” to watch, she explained, and not one of the 13 judges asked her opposing counsel a single question during his argument. Judge Barbera thought “I’m in for it,” and was not surprised when she was peppered with questions by all of the judges, who were not supportive of the state’s position. “The questions were so intense … I tried to do my best … boy did I learn.” Judge Barbera emphasized that “we never forget the hard things … they push us forward not just as better lawyers or better judges but as better people.”

After two unsuccessful bids for a seat on the Court of Special Appeals, followed by a stint in Governor Parris N. Glendening’s legal counsel office, Judge Barbera was appointed — by Glendening — to the bench in 2002, and then elevated to the Court of Appeals by Governor Martin O’Malley in 2008. Five years after

“

There’s nothing better than a lawyer standing right by your side.

that, in 2013, she became Chief Judge of the Court of Appeals, making history as the first female to hold the position.

President McSherry noted that a female rising to Chief Judge was “no small feat” and, invoking the memory of the late U.S. Supreme Court Justice Ruth Bader Ginsburg, asked Judge Barbera whether eventually having a majority of women on the Court of Appeals made a difference in decision-making. Judge Barbera emphasized that, among the appellate judges, “none of us is doctrinaire,” but noted that “we all come with our jurisprudential positions . . . and how we think about the law.” But she takes great pride in the diversity of the bench after “hundreds of years of only old, white, men . . . . When the dam broke, it just created a wonderful wave of being both diverse in gender and diverse in color. I am so proud of what our court looks like to the young people that come in.”

Turning the conversation to the challenges and accomplishments during her tenure, Judge Barbera noted that some of her biggest challenges arose from decisions she had to make as the administrative head of the state judiciary. “We always, always want to take the good and make it better.” She is most proud of building a stronger governance structure, which includes a judicial council that represents not only judges but also elected clerks, court administrators, and other experts to provide advice.

The challenges that arose because of COVID were among the most difficult that Judge Barbera had to handle as Chief Judge.

President McSherry questioned whether, “with this amazing machine you’ve built on and improved, do you see any positives we can pull from COVID to improve the courts going forward?”

Judge Barbera recognized the importance of technology, which helped the judiciary to manage and navigate the last 18 months, but emphasized that the “advancements, changes in approach, all those are good things . . . but none of those would have worked without the people behind them.” Noting that the courts never shut down, not even at the beginning of the pandemic, Judge Barbera credited the “coterie of people” who helped her with the administrative orders required to keep the courts running while prioritizing the safety and health of all involved. “It ends with the people and the good will of the people who make up the judicial branch of our government.”

President McSherry noted that Judge Barbera has long been active in a number of MSBA committees, and asked why. Judge Barbera emphasized the various benefits, ranging from being a young lawyer and having access to professional colleagues that you wouldn’t otherwise meet, to sitting on various committees. Judge Barbera holds a special place in her heart for the MSBA’s Leadership Academy. “They always astound me at the innovative, creative thinking and how they learn not just what we’re going to do but how we are going to get there as a group, which I think is hugely important.” She also served as chair on the criminal law subcommittee for the Maryland Pattern Jury Instructions, work she recalls as “hugely important not just to members of the bar but to our trial judges. That was wonderful work with brilliant people.”

Reflecting on her career, Judge Barbera noted that much work remains toward achieving access to justice; “even with our best efforts we’ve only been able to solve 20% of the folks who really need us. There’s nothing better than a lawyer standing right by your side.”

Judge Barbera applauded the MSBA’s efforts to attract newer, younger lawyers. Although she declined to provide specifics on her post-retirement plans (which do not include seeking recall to the bench), Judge Barbera assured President McSherry that she is giving more thought to ideas on how to continue serving, and promised to accept invitations to MSBA leadership conferences.

Honoring four decades of legal excellence

Chief Judge BARBERA

RETIREMENT CELEBRA TION

MAY 5, 2022

College Park Marriott Hotel & Conference Center

Join the Maryland State Bar Association and attorneys across the entire legal community as we celebrate Chief Judge Barbera’s stellar career. Chief Judge Barbera has made a lasting impact on the Maryland legal community – administering justice, serving her peers, and paving the way for greater diversity in the judiciary.

Registration is open to all legal professionals.

Hogan Appoints Getty as Chief Judge of the Court of Appeals

GOVERNOR LARRY HOGAN SELECTED Judge Joseph M. Getty to serve as Chief Judge of the Court of Appeals following the retirement of Chief Judge Mary Ellen Barbera.

Chief Judge Getty graduated from the University of Maryland School of Law in 1996. He represented Maryland’s 5th district as a member of the Maryland House of Delegates from January 1995 through January 2003, and as a member of the Maryland Senate from January 2011 through January 2015. In February 2015, Governor Hogan appointed Chief Judge Getty to his cabinet, as his Legislative and Policy Director. He held that role until Governor Hogan appointed him as a judge of the Court of Appeals in June 2016.

Chief Judge Getty stated his goal as Chief Judge was to continue the level of leadership established by Judge Barbera and help to develop the post-COVID Judiciary, and that he intended to implement more technology going forward.

MDEC Launches in Montgomery County

The Maryland Judiciary launched the Maryland Electronic Courts (“MDEC”) system in Montgomery County on October 25, 2021.

To learn more about the MDEC please visit MDCOURTS.GOV/MDEC

The MSBA Solo & Small Firm Practice Section has held several practical and advanced training sessions for attorneys and paralegals new to MDEC. You can access a recording of the session on the Solo & Small Firm Practice Section homepage: MSBA.ORG/SOLO-RESOURCES DID YOU KNOW?

A Different Approach to Growing a Regional Law Firm

NOT LONG AGO, it was considered taboo for lawyers to change firms more than once or twice in their careers. In recent years, though, switching from one firm to another has become a common practice and is no longer viewed as a red flag. The change in the perception of lateral moves has made it easier for lawyers to find work environments that align with their goals, and allowed some firms, like Offit Kurman, to grow at a rapid pace.

Brothers Maurice and Ted Offit joined with Howard Kurman to form Offit Kurman in 1987. They opened it as a boutique firm focused on representing privately held companies,

owner-managed businesses, entrepreneurs, and families of wealth. While the focus remains the same, the firm has grown since its inception, at times exponentially.

Offit Kurman grew slowly at first and remained relatively small; in 2004, it had 12 attorneys working in one office. The firm began to grow more rapidly in 2007, and for the past 12 years it has expanded at a rate of 15% per year. Notably, Offit was able to maintain this rate of growth during the COVID-19 pandemic, and now consists of over 240 attorneys, spread out over 15 offices in eight states and Washington, D.C.

Photos courtesy of Beverly Funkhouser Photography

To help sustain its growth, Offit Kurman has a team dedicated to recruiting talented attorneys to join the firm. Two of the key members of that team recently shed light on their hiring process and what attributes make potential candidates desirable.

TIM LYNCH , the managing principal and president of Offit Kurman, focuses on expanding the firm through lateral attorney acquisition and by working with the marketing team and other attorneys to help the firm grow organically. Lynch credits the firm’s success in attracting promising young attorneys, in part, to the fact that Offit emphasizes expending time, effort, and energy to help them develop their legal skills and reach the goal of becoming a principal in relatively short order. A key component of reaching that goal, according to Lynch, is an attorney’s willingness to be a team player. He explained that lawyers representing privately-held companies can rarely meet all of their clients’ needs alone, and Offit Kurman attorneys need to be comfortable relying on the skill sets of their colleagues to serve their clients effectively.

JIM REIS , Offit Kurman’s director of business development, bears responsibility for recruiting partner-level attorneys to the firm. Reis finds professional networking sites to be an invaluable recruiting tool and frequently uses them to broadcast openings and garner interest in the firm’s opportunities. Reis believes networking benefits attorneys interested in making lateral moves as well. He advised attorneys exploring the possibility of switching firms to join their local Chamber of Commerce and industry associations, noting that if they forge relationships within these groups, they can ask for introductions that can help them grow their business and open doors to employment opportunities.

Three attorneys who recently joined Offit Kurman as laterals offered insight into their experiences and explained what inspired them to make the move.

SARAH SAWYER made the move to Offit Kurman in March 2020. She was drawn to Offit because of the potential for advancement and the ability to work directly with clients and grow her book of business. She noted that Offit has an origination culture program that advises young attorneys on the business of law and how to grow their practices. Sawyer benefited from the firm’s robust marketing department as well. After she joined Offit Kurman, she connected with a marketing director in her region who helped take her ideas for increasing her client base from concept to reality. Sawyer advised attorneys thinking about making lateral moves to consider what they want their practice to look like and how they can best serve their clients. Sawyer has found that, unlike smaller firms, Offit Kurman allows her to offer full service to a client, even if they have needs outside of her area of expertise, as her colleagues are typically willing and able to offer assistance. Offit Kurman also provides opportunities for lawyers to expand their scope outside of their current practice areas.

MOHAMMAD ALI SYED joined Offit Kurman in early 2020 as well, after deciding to leave solo practice. Prior to his move, his clients sometimes questioned whether he had the bandwidth to handle all of their work. Since joining Offit Kurman, he has been able to refer matters to other attorneys within the firm. Syed enjoys the business development aspect of his work, and noted that Offit Kurman supports his efforts to grow his book of business. He advised attorneys moving from one firm to another to keep an open mind. He explained that the first client he worked with at Offit was a referral from another attorney, and the work he performed for them was not something he typically did, but he enjoyed the experience and it helped expand his resume.

JACK ORRICK , another recent Offit Kurman lateral hire, practices in business transactions. He decided to move to Offit Kurman last year when his previous firm closed at the height of the pandemic. Orrick’s clients reacted positively to his move to Offit Kurman. He noted that some Offit Kurman attorneys work in practice areas that his previous firm lacked, and he has been able to refer clients to them. Orrick says that he has adapted well to the culture despite the challenges of joining Offit Kurman while most of its attorneys have been remote. He credits this to Offit Kurman’s robust technology platform that enables lawyers to work effectively online and through video conferencing facilities.

Going forward, Offit Kurman intends to focus on continued growth along the East Coast in the privately-held business marketplace, while routinely adapting its approach to management and methods of handling workflow to accommodate the needs of a growing firm. While many firms struggled due to COVID-19, the pan demic inspired Offit Kurman to evaluate how to meet their clients’ needs without having to rely on people located in the same office. Subsequently, the firm recognized it does not need to limit its recruitment efforts to a certain geographical area, and broadened the scope of its search for talent.

Offit Kurman boasts what it believes to be a unique operational structure that encourages a culture of collaboration and entrepreneurialism. Its rapid growth in an era of contracting market seems to bear this out. The lawyers, and their clients, keep coming.

businesses Maryland attorneys: Powering

OVER THE LAST 125 YEARS , MSBA has been involved in some of the most notable developments in the legal profession. It’s been home to thousands of lawyers, helped create opportunities for legal professionals, and served the community through partner organizations.

Join us as we celebrate 125 years of service, growth, and impact!

SHARE your MSBA memories at msba.org/125.

SUBMIT a speaker suggestion, content idea, and/or program proposal for the 18-month 125th Anniversary Thought Leadership Series. We will collect ideas on a rolling basis. Learn more at msba.org/125thSeries.

READ Exploring Our Past, Forging Our Future: 125 Years of Change, an all-new digital publication documenting the organization’s historical impact. Available Winter 2022.

REGISTER for the MSBA 125th Anniversary Gala, March 3, 2022, at Maryland Live! Casino at Arundel Mills. Purchase tickets at msba.org/125thgala

The Future of Firms

BY CO-CHAIRS OF MSBA’S MANAGING PARTNERS GROUP

THOMAS C. DAME, ESQ., MANAGING PARTNER, GALLAGHER EVELIUS & JONES

SHARON KREVOR-WEISBAUM, ESQ., MANAGING PARTNER, BROWN GOLDSTEIN & LEVY

DAVID J. SHUSTER, ESQ., MANAGING PRINCIPAL, KRAMON & GRAHAM

THIS IS CERTAINLY a stimulating time of accelerating change to be leading a law firm.

Although March 2020 feels like a long time ago, law firm leaders in Maryland and nationally, continue to have to make very difficult and important decisions about client service and firm life now and into the future. Firms in Maryland will not look the same as they did prior to the pandemic. Many are implementing

Many leaders will be cautious to preserve the value of in-person work, and some will require the full-time presence of their lawyers and staff. There are important advantages in spending time together in person with colleagues and clients. Collaboration, mentoring, and training are more natural and occur more frequently in person. It’s nice to connect with people we didn’t plan or intend to see during the day. Often those encounters are the most important ones. Many people find that

Firms in Maryland will not look the same as they did prior to the pandemic.

models of service delivery in hybrid forms, trying to ensure, first and foremost, that they meet the needs of clients while also considering the needs of their lawyers and staff, many of whom are on call 24/7 in a highly connected fast-moving world.

Coming from fully remote work in a time of pandemic, many firms will be far more flexible in permitting all types of employees, not only attorneys, to perform some of their work remotely while also being present in the office to ensure that firm cultures remain solid and collaborative opportunities remain vibrant. We suspect that some court travel will be eliminated as it is quite possible that some hearings, especially short hearings with out-of-state counsel, may be conducted with remote capabilities more than in the past. Similarly, continuing legal education and other training opportunities may continue to be conducted virtually to save cost and time.

their mood and state of mind improves, and they gather energy from working in the presence of a community of colleagues.

Also, in light of a national reckoning and focus on racial equity and justice, law firm leaders increasingly are seeking to improve the diversity, equity, and inclusion of their organizations. This important work, while underway in many firms for a number of years, has become a stronger imperative to strengthen firms.

Law firms will look different as we navigate to a post-pandemic era, but it is our hope that leaders will find the balance that promotes the efficiencies that we have all learned while bringing back the real connections that can only be experienced in person.

In the following pages, we aimed to learn more about Maryland's largest firms, including a little about their history, present focus, and what they expect the future to hold.

BAKER DONELSON/OBER|KALER

Ober|Kaler, which merged with Baker Donelson in 2017, traces its roots to the late 1800s. Since the formation of one of its predecessors, a partnership known as Ritchie & Janney in 1903, Ober|Kaler shared, and contributed to, the prosperity and history of the Mid-Atlantic region.

HEADQUARTERED IN BALTIMORE’S

downtown business district, Ober|Kaler began with the practices of Albert C. Ritchie and Stuart S. Janney. Ritchie was elected governor of Maryland in 1920 and returned to the Firm after an unprecedented four terms in office. Governor Ritchie also was a candidate for the Democratic nomination for President in the elections of 1924, 1928, and 1932. After World War I, Frank B. Ober and Robert W. Williams joined the Firm, which was then renamed Ritchie, Janney, Ober & Williams.

In 1969, the merger of Ober, Williams & Grimes, as the Firm was then known, with Cross, Shriver, Bright & Washburne doubled our size and resulted in a new name: Ober, Grimes & Shriver. For the next generation, Mr. Shriver was a leading light of the Maryland Bar, specializing in business law and in probate matters. He was President of the American College of Probate Counsel at the time of his death. Mr. Shriver

had the foresight to recognize the emergence of health care law as a kind of general practice within a specific industry area. The groundwork he laid contributed greatly to the Firm’s development of a national practice in the burgeoning field of health care, which also has resulted in diverse and significant litigation expertise. The period between 1969 and 1990 marked a time of moderate but deliberate growth in the number of lawyers at the Firm, including a 1983 merger with an established Washington, D.C. practice that brought a national presence in tax, administrative, regulatory and corporate law, and provided essential new resources for the nationally expanding Firm. In 2003, the Firm sent its second governor to Annapolis, as Robert L. Ehrlich, Jr. became the 60th governor of the State of Maryland.

Attorneys who practiced with the Firm in its more recent history include a former Maryland State Senator and United States Attorney for the District of

The groundwork he laid contributed greatly to the Firm’s development of a national practice in the burgeoning field of health care.

Maryland (Jervis S. Finney), United States Attorney for the Middle District of Pennsylvania, Acting Assistant Secretary of Treasury, Deputy Assistant Secretary of Treasury (David D. Queen), Sanford Teplitzky, one of the country’s leading healthcare attorneys, one of three of Ober|Kaler’s attorneys to serve as President of the American Health Law Association (along with current president Craig Holden and former president Leonard Homer), and John Wolf, one of the country’s leading construction attorneys. In addition, Firm alumni include judges past and present on the bench of the Court of Appeals of Maryland (Jonathan Biran), the Circuit Court for Baltimore City (Judges David Ross, Robert Kershaw, Pamela White, and Anthony Vittoria), and the United States District Court for the District of Maryland (former Chief Judge Alexander Harvey and Magistrate Judge Gina Simms).

The combination of Ober|Kaler and Baker Donelson in 2017 resulted in the third largest and one of the most dynamic health practices and one of the largest construction practices in the country. Today, Baker Donelson’s Baltimore-based health, litigation, business, tax, construction, government enforcement and investigations, and finance practices are among the most prominent in the United States and the firm continues to serve clients in estate planning, fiduciary litigation, real estate, environmental, labor and employment, and intellectual property matters. Jim Edwards has been the Baltimore Office Managing Shareholder since the merger. Bill Mathias in the Baltimore office is currently the co-chair of the firm’s Health Practice. Until very recently, Joe Kovars in Baltimore was the co-chair of the Firm’s Construction Practice. Jennifer Curry in Baltimore is co-chair of the firm’s Labor and Employment Practice. Stuart Schabes heads the Baltimore-based Tax Practice, which has both domestic and international tax expertise. Tom Barnard and Ty Kelly lead the Baltimore office’s Government Enforcement and Investigations Practice in Baltimore, which has represented clients in a number of significant matters

The Baltimore office’s attorneys also continue their vision of client service and our core values of quality, integrity, respect, and commitment to our communities.

and seen rapid growth since the merger. The Baltimore office’s attorneys also continue their vision of client service and our core values of quality, integrity, respect, and commitment to our communities.

Jim Edwards

Managing Shareholder, Baker Donelson

BROWN, GOLDSTEIN & LEVY

Brown, Goldstein & Levy was born from a deep sense of social responsibility and devotion to the community. Since its founding, the firm’s attorneys have fought to amplify their clients’ voices and bring about a more just world – through individual cases resulting in systemic change.

BROWN, GOLDSTEIN & LEVY was founded in 1982 by Dan Goldstein and Chris Brown. Goldstein brought his experience from the Baltimore U.S. Attorney’s Office, while Brown brought his passion from his days with Legal Aid and his wisdom as a tenured professor at the University of Maryland School of Law. In 1990 they were joined by Andy Levy who had been a partner at a large corporate firm.

Since then, Brown, Goldstein & Levy has grown to more than 20 lawyers, earning national recognition in a wide variety of practice areas, including civil rights, health care, and criminal defense. It has long been recognized, both regionally and increasingly nationally, as Maryland’s leading private law firm for high impact, public interest cases.

Some of BGL’s most prominent clients and cases include:

Since 1986, on behalf of the National Federation of the Blind, we’ve fought to secure the rights of blind individuals throughout the country, “changing what it means to be blind” in hundreds of matters as diverse as employment, education, right to parent, voting, and access to technology.

Thompson v. HUD (originally filed in 1995): As a remedy for having required family public housing in Central Maryland to be built only in segregated communities in East and West Baltimore, we obtained a settlement providing 4,400 housing vouchers plus mobility counseling, worth a total of over $1 billion over the next 15 years, to help families move to communities of opportunity throughout the region.

Potomac Group Home Corp. v. Montgomery County, Md. (1993): We challenged a local requirement that group homes for people with disabilities give advance notice to neighbors and submit to public hearings before being allowed to open; one of the very first cases in the country brought to enforce recent amendments to the federal Fair Housing Act. The case led directly to the elimination of such restrictions throughout Maryland.

In the Baltimore Neighborhoods, Inc. v. LOB, LLC (2000) series of cases we obtained the first judgment in the country under the Fair Housing Amendment Act’s design & construction requirements for new construction.

State of Maryland v. Waine (2015): We successfully persuaded the Court of Appeals to reject the State’s effort to reverse the Court’s ruling in Unger v. State (2012), thus preserving the right of over 200 elderly inmates serving life sentences to new trials or release.

James Owens v. Mayor and City Council of Baltimore (2018): We represented James Owens, a man wrongly convicted of the 1987 murder of a young woman in Southeast Baltimore. Owens spent 21 years in prison for a crime he did not commit. The $9 million settlement is believed to be the largest in Maryland for allegations of police misconduct.

Estate of Robert Ethan Saylor v. Richard Rochford (2018): We represented the Saylor family after their son, Ethan, a young man with Down syndrome, was killed by Frederick County sheriff’s deputies. The case was settled for $1.9 million and led Maryland to become the first state that requires its police officers to receive training in interacting with people with disabilities.

Brown, Goldstein & Levy’s attorneys are involved with a number of different community organizations, including the Gay Men’s Chorus of Washington, the Homeless Persons Representation Project, the Public Justice Center, and the Maryland ACLU.

Above all, each attorney works to tell their client’s story with the same passion and ethic that inspired Brown and Goldstein to begin practicing together nearly 40 years ago.

Since then, Brown, Goldstein & Levy has grown to more than 20 lawyers, earning national recognition in a wide variety of practice areas, including civil rights, health care, and criminal defense.

DLA PIPER

The global law firm known today as DLA Piper was formed January 1, 2005 with the unprecedented merger of three major law firms – DLA LLP, Gray Cary Ware & Freidenrich LLP, and Piper Rudnick LLP. DLA Piper’s history dates back to the late 18th and early 19th centuries when the early predecessors of the firm first began practicing law.

DLA WAS FORMED through the 1996 merger of Dibb Lupton Broomhead and Alsop Wilkinson. These two predecessor firms were established by lawyers whose practices date back to the late 18th century. The name “DLA” is derived from the initials of Dibb, Lupton and Alsop. Gray Cary Ware & Freidenrich’s modern roots go back to January 1994, after the merger of Ware & Freidenrich LLP of Palo Alto, California, and Gray, Cary, Ames & Frye LLP of San Diego, California.

DLA Piper’s U.S. presence dates back to 1903 with the foundation of Marbury & Gosnell in Baltimore, later called Piper Marbury. In 1999, Piper Marbury merged with Chicago firm Rudnick & Wolfe to form Piper, Marbury, Rudnick & Wolfe, later known as Piper Rudnick. The merger was, at the time, the largest domestic merger of equals in U.S. law firm history. Piper & Marbury’s legacy began in 1887, when William L. Marbury, Sr. started his first law firm. As new partners joined, the firm underwent several name changes and ultimately became Marbury, Miller & Evans. In 1952, Marbury, Miller & Evans merged with Piper, Watkins, Avirett & Egerton, creating Piper & Marbury, the largest law firm in Baltimore. Piper & Marbury initially focused its local practice on corporate finance, mergers and acquisitions, and real estate development and financing. Over the next half century, the firm developed a national reputation with heralded practices in corporate and securities and litigation, among others.

Since 2005, DLA Piper has expanded its presence across the globe, and the firm is now located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific. DLA Piper serves clients ranging from multinational, Global 1000 and Fortune 500 enterprises to emerging companies developing industry-leading technologies, as well as governments and public sector bodies. The firm’s core practices in the U.S. include Corporate, Employment, Finance, Intellectual Property and Technology, Litigation and Regulatory, Private Equity, Real Estate, Restructuring and Tax.

DLA Piper is also deeply committed to pro bono, on both the global and local levels. The firm provides direct service to individuals and organizations that could not otherwise afford counsel, while helping to build a pro bono culture in the legal profession across the globe. New Perimeter is DLA Piper's nonprofit affiliate that provides long-term pro bono legal assistance in under-served regions around the world. New Perimeter supports access to justice, social and economic development, sound legal institutions and women's advancement. Founded in 2005 as a result of the firm's commitment to support legal advancement worldwide, New Perimeter's vision is to harness the skills and talents of DLA Piper lawyers to further a more just world for all.

GALLAGHER EVELIUS & JONES LLP

Sixty years ago, Francis X. Gallagher and John C. Evelius founded the firm known today as Gallagher Evelius & Jones. Business lawyer C. Edward “Eddie” Jones joined the firm in 1971.

GALLAGHER EXPRESSED a special commitment to the city and its people, which has been a hallmark of the firm ever since. As a civil rights advocate and civic leader, he played a role in fighting against employment discrimination, desegregating Baltimore’s public school system, and reversing the decay devastating Baltimore’s downtown business district by joining other leaders to form the Greater Baltimore Committee.

Following Gallagher's death of a heart attack at the early age of 43, his protégé Rick Berndt served as Gallagher’s managing partner for more than 40 years. Berndt has been a tireless civic and community advocate, serving on numerous boards including PNC Bank, Center Stage, Mercy Health Services, Stella Maris, Goucher College, Baltimore Development Corporation, Baltimore Community Foundation, Johns Hopkins Medicine, and the Maryland Academy of Sciences.

During Berndt's tenure, Gallagher’s attorney and client base expanded. Among other practices, the firm’s real estate work flourished and played a pivotal role in important projects. For example, Gallagher’s dedicated attorneys were instrumental in the redevelopment of the Harbor East and Harbor Point areas of Baltimore City, which transformed former brownfields into thriving business and residential sectors of the city. Gallagher developed experience and knowledge in the areas of affordable housing development, low income housing tax credits, historic tax credits, and new markets tax credits. The firm’s affordable housing and low-income housing tax credit practices have helped produce hundreds of affordable housing projects locally and nationally that involve state, federal, and local financing, low-income housing tax credits, and other sources.

Linda Jones, who served as the firm’s long-time administrative partner, and as managing partner immediately following Berndt's leadership tenure, was instrumental

in growing Gallagher’s health law practice, which continues to thrive today, along with the firm’s litigation, education, and business transactions practice groups.

In January 2018 Tom Dame became Gallagher’s managing partner. Dame has led the firm during the COVID-19 health crisis, and he collaborated with other law firm leaders and the Maryland State Bar Association to establish a support system for firms across the state. He has guided Gallagher with a continuing emphasis on excellent and dedicated client service, community involvement and pro bono work, as well as a deep commitment to enhancing diversity, equity, and inclusion across the organization.

Continuing Frank Gallagher’s legacy of service to others, Gallagher has participated in numerous legal projects benefiting the community, such as the joining with the Citizens Planning and Housing Association (CPHA) to successfully defend an ordinance prohibiting tobacco and alcohol advertisements on billboards in residential areas of Baltimore City. Gallagher attorneys serve on dozens of boards for various charitable entities throughout the region. Lawyers and staff volunteer their time and effort through organizations such as the Tahirih Justice Center, a nonprofit organization committed to serving immigrant women and children affected by violence.

Today, Gallagher includes more than 50 attorneys and 50 staff members. The firm serves many prominent universities, hospitals and health care providers, financial institutions, religious organizations, real estate development companies, among other nonprofit entities and businesses throughout the mid-Atlantic region. Gallagher has decades-long relationships with many clients, and the firm continues to expand into new practice areas such as renewable energy, in order to provide high quality service to clients.

KRAMON & GRAHAM

Kramon & Graham, P.A., was founded in 1975 by former Assistant U.S. Attorneys Jim Kramon and Andy Graham. While the firm has grown to nearly 40 lawyers, its original formula for success holds true today: take on cases of virtually every kind, provide excellent legal work, and be active leaders in the community.

WHEN LITIGATION ARISES from substantial business disputes, white collar criminal charges, or important matters of public policy, chances are good that K&G has been retained to represent a party in interest. K&G also handles significant class actions and multi-district actions, as well as catastrophic personal-injury claims. The litigation team includes six permanent members of the Fourth Circuit Judicial Conference, five Fellows of the American College of Trial Lawyers, four former Assistant U.S. Attorneys, two former Assistant Attorneys General for the State of Maryland, and several former prosecutors. K&G's attorneys are recognized, annually, by the leading legal ranking organizations. K&G's notable litigation matters include:

• Acquittal of a bank owner in a federal prosecution arising out of the 1980s S&L crisis

• Lead counsel for 50 auto dealers in a class-action against Honda alleging a multi-million dollar kickback scheme

• Representation of judges and lawyers in professional grievance proceedings

• Successful Fourth Circuit challenge to federal prosecutors' review of files seized from a law firm client's office

• Acquittal of a Baltimore police officer charged in connection with the death of Freddie Gray

• Representation of a homebuilder in a religious discrimination federal lawsuit against Harford County, which resulted in a multi-million dollar settlement allowing the client's project to proceed.

The firm's substantial real estate and transactions practice represents commercial and residential developers, national and local builders, and major commercial landlords. The firm's significant real estate

matters include the representation of the developer of Clipper Mill, a $53 million development deal that transformed an industrial site to a vibrant, mixed-use community; and the developer of the Oxford Square Mixed-Use Transit-Oriented Community, Howard County's largest transit-oriented community, consisting of 122 acres, 1,295 multifamily units, 197 townhome lots, more than 180,000 square feet of office and retail space, and two new public schools.

K&G has earned a national reputation for representing insurers in major coverage disputes involving masstort claims (including asbestos-exposure injuries), construction defects, environmental releases, product liability, personal and advertising injury, professional liability, sexual molestation, and other commercial disputes.

The work of the firm's procurement group encompasses high-profile State government contracts, Public Private Partnership projects, and regulatory matters for healthcare, information technology, transportation, construction, and gaming clients.

K&G is committed to professionalism and community service. K&G actively supports efforts to improve access to justice, social services, and cultural enrichment, and its lawyers both lead and serve on the boards of numerous influential civic and social-services organizations. K&G consistently receives public recognition for its corporate citizenship (multiple Baltimore Sun Top Workplace designations; multiple recognitions by the Baltimore Business Journal for most charitable area organizations); several K&G attorneys have received Leadership in Law, Most Influential Marylanders, and Most Admired CEO recognitions by The Daily Record.

MILES & STOCKBRIDGE

The roots of the modern-day law firm of Miles & Stockbridge can be traced to 1932 Baltimore, where legendary lawyers Clarence Miles and A. Seymour O’Brien first hung their proverbial shingle at 10 Light Street downtown. In the midst of the Great Depression, the two partners worked tirelessly to serve both the legal needs of the local business community and position themselves as strong civic voices in the thriving port city and across the state of Maryland.

1953 PROVED TO BE a pivotal year for Miles & O’Brien. First, their law firm—now known as Miles, Walsh, O’Brien & Morris—merged with the esteemed firm of Mullikin, Stockbridge & Waters to create the new firm of Miles & Stockbridge, which would soon become a powerhouse in Baltimore and beyond. Then, in the fall of that same year, Clarence Miles led the effort (in tandem with Mayor Thomas D’Alesandro) to bring the St. Louis Browns baseball franchise to Baltimore. Once the deal was secured, Miles subsequently became the first president of the newly named Baltimore Orioles.

He wasn’t done. In 1955, Miles became the first president of the Greater Baltimore Committee, bringing together the Baltimore business community and the Baltimore City government to spearhead urban renewal. In 1962, he was instrumental in the creation of The Center Club, which had no racial or religious barriers, and became its first president.

As Miles & Stockbridge grew in size and reputation throughout the latter half of the 20th century, others across the firm took their moment to shine. Partner Harrison Winter was appointed by President Lyndon Johnson in 1966 to the Fourth Circuit of Appeals, later becoming Chief Judge of the Fourth Circuit. In 1970, Partner Robert Karwacki became president of the Baltimore City School Board, leading it during the

In the midst of the Great Depression, the two partners worked tirelessly to serve both the legal needs of the local business community and position themselves as strong civic voices in the thriving port city and across the state of Maryland.

desegregation of Baltimore City schools. George Beall joined the firm after having served as U.S. Attorney for Maryland in charge of the investigation into the prosecution of Vice President Spiro Agnew. And partner Harry Hughes went on to be elected the 57th Governor

To this day, the lawyers of Miles & Stockbridge maintain the dedication of their forebearers to both the practice of law and the call to civic leadership, with scores of firm colleagues serving on boards and nonprofits throughout the region.

of Maryland in 1978.

Throughout this period, Lowell Bowen, a titan both inside and outside the walls of Miles & Stockbridge, managed the firm with his down-to-earth, rolledsleeves style, serving as a bridge between its founders and the modern era. Much of what Miles & Stockbridge stands for today can be attributed to his steady hand in the tumultuous decades that closed out the last century.

Geographically, the firm has expanded across the mid-Atlantic region, first opening satellite offices in discrete locations throughout Maryland, but quickly expanding into Washington, D.C. and Northern and central Virginia. In 2013, the Baltimore office moved from its historic address at 10 Light Street to its new light-filled and modern space just a few blocks away at 100 Light Street.

In 2018, Nancy Greene became Miles & Stockbridge’s first female Chairman, and in 2021, added the titles of President and CEO. To this day, the lawyers of Miles & Stockbridge maintain the dedication of their forebearers to both the practice of law and the call to civic leadership, with scores of firm colleagues serving on boards and nonprofits throughout the region.

Nancy Greene Chairman, President, Chief Executive Officer, and Principal, Miles & Stockbridge

PK LAW

Pessin Katz Law, P.A. (“PK Law”) was founded in Towson in 1988 as a small estate planning firm. The Firm moved to its current 901 Dulaney Valley Road office in 1993, and has grown over the years into the largest law firm headquartered in Baltimore County and the eighth largest firm in the Baltimore area. The Firm also has offices in Bel Air and Columbia. In addition to having one of the preeminent estate planning practices in the state, PK Law now offers a full breadth of legal services to clients across the state, the District of Columbia, and the Mid-Atlantic region.

PK LAW HAS approximately 50 attorneys, 14 paralegals, and 40 additional support personnel. One of the Firm’s founding partners, David N. Pessin, is still actively practicing in the Firm, having developed one of the region’s most well-known and respected wealth preservation and business planning practices for professional athletes, entertainers, and broadcasters. Gerald M. Katz, another of the Firm’s founding partners, was widely recognized in the Baltimore legal and business communities as one of the area’s preeminent business and tax attorneys. Katz passed away on November 3, 2014 at the age of 76.

Under the guidance of the strong leadership of Pessin and Katz, and the Firm’s Managing Member for the past twelve years, Drake Zaharris, PK Law has served as a strong platform for the distinguished careers of its Members in the criminal defense, wealth preservation, commercial litigation, insurance, insurance defense, education, labor and employment, medical malpractice defense, corporate, and real estate fields. Many of the PK Law Members in these fields, including Steven Allen, David Pessin, Patricia McHugh Lambert, Edmund O’Meally, Natalie Magdeburger, and Catherine Steiner, have repeatedly been recognized as a Baltimore Region Lawyer of the Year by Best Lawyers for their area of practice, and Catherine Steiner and Steven Allen are both Fellows of the prestigious American College of Trial Lawyers.

As a workplace, PK Law has a strong culture of ethics, diversity and inclusion, community, work life balance, and fun. The Firm was one of the first in the state to develop an LGBT practice and continues today serving, supporting, and welcoming the LGBTQ+ community and other minority groups. Half of the Firm’s Equity Members are women and the Firm has initiatives in

place to develop and foster minority attorneys. PK Law encourages all of its attorneys to volunteer and serve on local nonprofit boards and provides opportunities for everyone in the firm to participate in firm sponsored community service activities, such as the Firm’s annual Food Box Program, Dress for Success, Toys for Tots, and back-to-school supply drives. The Firm has repeatedly been selected as a Baltimore Sun Top 100 Workplaces and a Baltimore Business Journal Best Place to Work Finalist. Organized by the PK Law Fun Committee, the Firm regularly engages in firmwide social activities, including outings to O’s games, karaoke night, bowling, paint night, pumpkin decorating, garage top barbeques, ice cream socials, and food truck surprises.

For almost 35 years PK Law attorneys have been proud members, strong supporters, and friends of the Maryland State Bar Association and look forward to continue doing so for the next 125 years.

Drake Zaharris

Managing Director, Pessin Katz Law, P.A.

“Joining Shulman Rogers has given me the flexibility to represent clients in a way that feels more personal and impactful.”

SHULMAN ROGERS

Founded on a commitment to client service nearly 50 years ago, Shulman Rogers has grown from a Montgomery County, Maryland firm into a regional powerhouse delivering a full range of business and personal legal services. With 26+ practice groups and approximately 75 attorneys, Shulman Rogers serves clients in all 50 states and globally.

SHULMAN ROGERS HAS BEEN built on the energy, ambition, and skill of its founders, Larry Shulman and Don Rogers. Throughout the years, they have welcomed laterals from acclaimed national and international firms. That consistent infusion of fresh talent and ideas into an already well-established organization has provided a dynamic mix of attorneys who are collaboratively responsible for the continued success of the firm. “Joining Shulman Rogers has given me the flexibility to represent clients in a way that feels more personal and impactful,” says Kimberly Mann, recent lateral hire and former Chair of Pillsbury’s Investment Funds and Investment Management Practice.

Shulman Rogers encourages creativity, fosters camaraderie and promotes diversity and inclusion among its employees and clients. The firm strives to sustain a work environment in which each individual’s perspective, background and abilities are valued, and recognizes that a diverse team reflects the diversity of the real world. Members of the firm played a significant role in the creation and continued support of the Bar Association of Montgomery County’s Summer Scholars Pipeline Program, a concerted effort by Montgomery County’s legal community to promote the hiring and subsequent success of a diverse community of law students and attorneys in the County.

Shulman Rogers’ Community Outreach Committee identifies, coordinates and executes volunteer activities throughout Montgomery County and Metro Washington. The firm has relationships with and is proud to

support the efforts of a broad range of charitable organizations and its attorneys and staff volunteer time, energy and resources to many charities, foundations and other organizations working to improve schools, neighborhoods and the business environment.

For nearly five decades, Shulman Rogers has built trusted relationships throughout the public and private sector that provides added value for clients and friends. “Our extensive network enables us to be true partners in our clients’ growth, and they frequently attribute their success to connections we made for them,” says Managing Shareholder, Sam Spiritos. “We look forward to continuing to create positive impact in the future.”

Sam Spiritos

Managing Shareholder, Shulman Rogers

WHITEFORD TAYLOR PRESTON

IT WAS A DIFFERENT ERA when Due Nickerson, the firm that was to become Whiteford Taylor Preston, opened as a two-lawyer shop in downtown Baltimore in 1933. The Supreme Bench of Baltimore City had about 10 judges, Baltimore County had two, the U.S. District Court had two, and most of the other adjacent counties had one. There were no district courts. Minor criminal matters were handled in police stations and magistrate courts and small civil matters (jurisdiction $100) by the People's Court. Matters everywhere were handled expeditiously.

The legal community, like the general population, was segregated. No females or minorities served on juries. The Attorney General's Office had just a handful of people, and members of the bar knew personally most of the staff at the City Solicitor's Office, the State's Attorney's Office, and the U. S. District Attorney's Office. State and local bar associations devoted more attention to social functions than improving the legal system.

In 1940, Due Nickerson added a third lawyer, Hamilton Whiteford. The anticipated combined yearly fees? About $20,000. Whiteford was a small firm, although not unusually so. Through the 1940s, the largest Baltimore firms had only six or seven lawyers.

In 1946 and 1951, respectively, B. Conway Taylor and Woody Preston joined as young laterals. Early mentions of them by firm partners say more about law firm climate in those days than about either Taylor or Preston. Taylor was the “young man with unruly hair.” Preston was “that tall, skinny man who always comes to work in khaki trousers.” One senses the premium placed on conformity.

Through the 1950s, lawyers everywhere were often generalists, and the lawyers at Whiteford were no exception. Each was expected to try all kinds of cases, prepare wills, settle estates, give tax advice, counsel clients on business problems and understand how to deal on a personal basis with insurance adjusters, contractors and estate planning clients. By the early 1960s, Whiteford still numbered just 10 partners and two associates. It also still had an actual switchboard, with an operator moving plugs to connect callers. And it was

open Saturday mornings "to get the walk-in trade."

The thirteenth lawyer, an associate, arrived in 1968 at a starting salary of $6,000. What did newly hired associates do in 1968? Along with legal research, they proofread documents and made deliveries by hand to law firms, businesses, and

Through the 1950s, lawyers everywhere were often generalists, and the lawyers at Whiteford were no exception.

courthouses around town. Whiteford billed their time at $15 an hour, although actual invoices might reflect what the matter was deemed to be worth to the client.

Recruiting could be pretty informal. One law student, busy at law school in the spring of his third year, had little time for interviews. When in early May he heard from a friend that Whiteford might be looking for someone, he thought he’d look into it. He went over to visit and, after a brief conversation, was told he could work at the firm if he wanted to.

“I did not have anything better to do and started the Monday after the Bar exam.” Back then, no one took summers off.

Through the decades Whiteford outgrew office space at various locations throughout Baltimore City, while lawyers rose to eminence at the firm or left for public service or retired. Many went on to serve as judges, including the U.S. District Court for Maryland, the Maryland Court of Special Appeals and the Circuit Courts of the State. Two served as President of the MSBA: Woody Preston and Harry Johnson, who had the additional distinction of being the first Black person to serve in that role.

The 1970s and 1980s brought significant change to the practice of law and to the firm. By the mid-1980s, Whiteford had grown to more than 50 attorneys, and, in 1986, it merged with Clapp, Somerville, Hone-

mann & Beach, which was the oldest law firm in the country, tracing its history back to 1817. Today, over 175 attorneys serve clients regionally, nationally and internationally from seventeen offices in Delaware, D.C., Kentucky, Maryland, New York, Pennsylvania and Virginia.

The nature of legal practice has also changed. Following trends in the profession generally, Whiteford has evolved into a firm of attorneys who specialize in specific practice areas and industries. While many continue to serve clients as outside general counsel, each has one or more areas of especially deep experience. As a measure of that specialization, a record 75 Whiteford lawyers in 40 separate practice areas were selected by peers for inclusion in the Best Lawyers in America® 2022. FUTURE FEATURES Interested in having your firm profiled as part of the Maryland Bar Journal? Please contact us at FEEDBACK@MSBA.ORG .

Some people seem to have a familial calling to work in a particular profession. For the McSherry family in Maryland, that profession is the law. Judge James McSherry, a Chief Judge of the Court of Appeals of Maryland and the first MSBA president, may be the most widely chronicled McSherry attorney, but he was neither the first nor the last. His father, also named James McSherry, was an attorney as well. The Chief Judge’s two sons, James and William Clinton McSherry, and his grandson, James McSherry, also practiced law, and four of his great-grandchildren obtained law degrees.

Chief Judge McSherry wrote the 1901 opinion in In Re Maddox, holding that women could be prohibited from being admitted to the bar. In a poetic turn of events, three of Judge McSherry’s great-granddaughters are attorneys, and one of them, Natalie McSherry, serves as the MSBA president 125 years after he held the position.

Natalie’s father, the fourth James McSherry, was a self-described country lawyer in Frederick. He had a varied practice, doing a little bit of everything. As a child, Natalie would often help out in his office, doing odd jobs like putting the pocket parts in the back of books and searching for land titles. You cannot grow up in a family full of attorneys without it impacting you to some extent, but Natalie initially had no interest in becoming a lawyer. Instead, she was drawn towards mathematics. That was until a teacher explained that the logical aspect of math that appealed to Natalie was absent from advanced math, so she might want to consider another career path. She took that advice to heart, and after college, decided to go to the University of Maryland School of Law. She chose the University of Maryland, in part because it was where her father and grandfather earned their law degrees. Her great grandfather received an honorary degree from Maryland as well.

After Natalie graduated from law school, her father asked if she would join him at his firm in Frederick. She declined. She knew she wanted to try cases, and her father did not have much of a litigation practice. She began working at Whiteford, Taylor & Preston, but her dream of being a trial attorney was thwarted, at least initially. She was hired into the firm’s business department shortly after the passage of ERISA and was tasked with writing the pension and benefit plans for the firm’s clients for three years. She eventually convinced some of the younger lawyers in the firm’s litigation section to allow her to try cases and transferred into the litigation department, where she began to try cases full time.

Natalie McSherry uses her own experience as an example when she cautions young lawyers to be careful not to be so quick to turn down opportunities outside of their desired practice area, as they may benefit them in the long run.

While it took Natalie some time to achieve her goal of working as a trial attorney, by the time she transitioned to the litigation department, she knew all of the firm’s corporate clients, and whenever they got sued, they would refer their cases to her. She uses her own experience as an example when she cautions young lawyers to be careful not to be so quick to turn down opportunities outside of their desired practice area, as they may benefit them in the long run. Currently, Natalie practices in commercial litigation, with a focus on health care law. She found that true to her early inclinations, she is drawn towards the

Photo courtesy of Beverly Funkhouser Photography

logical nature and problem-solving aspect of litigation. She views litigation as a human experience and her work as helping people solve human problems.

Natalie’s sisters, who are attorneys, were drawn to the law for different reasons and practice in other areas. Her sister Padraic Morton, who goes by Paddy, works as general counsel for Maryland non-profit associations. To Paddy, the practice of law looked like a professional path where she could use skills of reason and verbal expression and provide a valuable service to clients and the community. Natalie’s sister Christine McSherry, general counsel for Beltway Capital Management, viewed the law as a noble profession that would allow her to help others and her community while also having the practical benefit of allowing her to provide for her family.

Natalie’s brother Michael McSherry, who has his law degree but no longer practices, also viewed the law as a means of making an impact and serving the community while earning an income. Natalie’s son, Peter Naugle, is an attorney as well and joined the profession because he wanted to do work of consequence and contribute in a worthwhile way to the fabric of society.

Natalie has received many awards throughout her career, but two are particularly meaningful: The Maryland Legal Services Corporation Arthur W. Machen Award and the University of Maryland Francis King Carey School of Law Distinguished Graduate Award. The Machen Award was bestowed for Natalie’s work in an area that is near to her heart - providing legal services to the underserved. The Distinguished Graduate Award is important to Natalie because it highlighted not only her professional accomplishments but also her service to the public. Natalie loves working as an attorney but finds that her work means more to her when it also helps the community. Her volunteer efforts are extensive and include providing pro bono legal services to low-income Marylanders, serving on the boards of Catholic Charities of Maryland and My Sister’s Place, and sponsoring students at Saint Ignatius Loyola Academy.

Natalie is able to offer so much of her time and services to help others because her partners at Kramon & Graham are incredibly supportive and truly understand how important and worthwhile her work outside the firm is, both to her and the community. She is thankful for their support and knows that it is rare for law firms to be so accommodating.

Natalie’s career so far has been remarkable, but she nonetheless has goals she wants to achieve. She hopes to help people of modest means obtain reduced-cost legal services, as a significant portion of the population does not meet the needs requirements for free legal services but cannot afford to pay an attorney. She is in the process of establishing an Affordable Law Task Force with the MSBA to effectuate these goals. The Task Force will look at what measures have succeeded and failed throughout Maryland and in other communities and make recommendations to the MSBA as to how the MSBA and its members can provide affordable legal services to Marylanders. She is hoping the Task Force will benefit both MSBA members and the public.

Additionally, during her MSBA presidency, Natalie will focus on increasing awareness of and participation in all of the programs the MSBA has to offer throughout the state. Natalie has been involved in the MSBA since the beginning of her career, and to this day, maintains connections with people she met in the Young Lawyers Section. She enjoys the human connections that the MSBA provides and noted it allows people to get together to share ideas, learn from each other, and address public issues. She would advise anyone embarking on a legal career in Maryland to join the MSBA and be active in it so that they can meet people who share common interests and learn more about their field and find ways to serve the community.

Natalie enjoys the human connections that the MSBA provides and noted it allows people to get together to share ideas, learn from each other, and address public issues.

Natalie recognizes that the life of an attorney does not suit everyone, but she hopes that the family legacy of having someone in the legal profession continues. She hopes and expects that the family tradition of service to the community will continue, though, whatever occupation or profession each person in the next generation pursues.

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When Law Really Is the Family Business

Multiple generations of the McSherry family have practiced law in Maryland, garnering the McSherry name a storied history. Natalie McSherry, the current MSBA president, followed her father into the practice of law, as did three of her siblings, and her son. Although all were drawn to the profession, they each took a different path and now represent a wide variety of practice areas and sectors of the profession.

We recently asked them a few questions about what drew them to pursue legal careers and how being part of a family immersed in the law impacted them personally and professionally. The responses have been edited for brevity and clarity.

Photos courtesy of Beverly Funkhouser Photography

PADRAIC (PADDY) MORTON

General Counsel, Maryland Nonprofits

What motivated you to pursue a career in law?

My siblings and I were raised by parents who were committed to education and service to others. My father, James McSherry, practiced law in Frederick, MD, following in the footsteps of his father, who followed in the footsteps of his father, and so on.

I grew up thinking lawyers were servant leaders, problem solvers, and hopefully trusted counsel.

How did your family’s history and your father’s career impact your decision to pursue a career in the law?

I think it is natural for skills of a trade or profession to be handed down by each generation. In our family, those skills were centered around learning and service. Many of our siblings, a group of twelve, who are not lawyers are in positions where they teach and serve.

What led you to your current practice area?

After 10 years in private practice, I was ready for a change. My earlier work had been substantive and I loved the firm where I worked, but a career

coach prompted an important process of self-reflection for me. My work in private practice was not reflecting my values, and I wanted more. I spoke with a number of leading nonprofit organizations in Baltimore, and lucked into a position at Maryland Nonprofits, where I have served in several roles over the past 20 years. Our business model permits me to serve our 1,300 nonprofit members on a daily basis, and to engage in substantive corporate restructuring and tax compliance consulting work.

What is your fondest memory or greatest career achievement so far?

Honestly, as much as I enjoy my daily practice and feel good that I am changing communities for the better through my work with nonprofits, I am proud of having found a balance between work and family life that has allowed me to be fully engaged in both worlds. Women in the generation above paved the way for this privilege, and women in the generation below are already navigating it differently. For me, finding that balance was challenging but worth it.

What is the best piece of advice you received during your legal career?

Bunny Taylor, one of the named partners at Whiteford, Taylor & Preston said something along the lines of:

“Work hard. Look out for the client. And don’t worry about who’s getting the credit.”

I have tried to follow these words for the past 30 years.

What is a cause or charity that you’re passionate about?

I have served on a number of nonprofit boards over the course of my career, but St. Ignatius Loyola Academy (on whose board I currently serve) has always been a special program for me. In the Jesuit tradition, the Academy transforms the lives of boys in grades 5 through 8 from underserved neighborhoods through education. It is a tuition-free program that runs 11+ months of the year. Ninety-eight percent of Academy graduates have received a high school diploma and 92% have matriculated in college over the last 10 years (compared to Baltimore City’s high school rates for males, 40% in 1993 and 64% in 2017, and college enrollment rates of 41.5%). Students leave St. Ignatius Loyola

Women in the generation above paved the way for this privilege, and women in the generation below are already navigating it differently.

Academy with an alumni network and Graduate Support Program that will support them for the following 10 years, and longer.

What do you hope your family’s legacy will be in the future?

My husband and I have developed a personal mission statement as a couple: “Love, Serve, Build.” These values come from both of our families. I hope our family’s legacy is expressed through our collective children and grandchildren, reflected in lives and careers that are useful and helpful to others. I think that legacy honors the generations of McSherry lawyers who have gone before us, and is at the heart of law, a profession rooted in service.

CHRIS MCSHERRY

General Counsel for Beltway Capital Management, LLC

How did your family’s legal history in Maryland and/or your father’s career impact your decision to pursue a career in the law?

It really was in the air in our house growing up. Dad didn’t talk about his work very much, but we knew he was proud of what he did. We could earn money doing title searches for Dad, and he taught us how to go to the courthouse and do that. The house we grew up in was also the location of his office, our grandfather’s office, and our great grandfather’s office, so it was full of reminders of that legacy.

What led you to your current practice area?

I enjoyed litigation when I practiced in the 90s and early 2000s, and that was my primary focus. I also was part of the Real Estate group at Whiteford, Taylor & Preston because I did a lot of land use work. When I went to the Office of the Attorney General after Whiteford, Taylor & Preston my job at the Department of Natural Resources included litigation, land use and some real estate work. When I learned of this position it seemed perfect because I get to practice and to oversee outside counsel in all of those areas, while being part of a growing company.

What are the benefits and challenges of being part of a family with such an extensive history of working in the law?

As you can imagine, family discussions can get pretty animated and we are all (lawyers and non-lawyers) pretty verbally agile. It’s fun and it keeps you on your toes. We have weekly Zoom calls for the 12 siblings that usually go over an hour and everyone has something to say.

We all share a sense of duty to contribute to our communities. I think that flows from our parents’ examples. They were always doing volunteer community work or parish work, on top of raising 12 kids and a law practice. Every one of my siblings does something for their church, community or other nonprofit social services organization. We were taught that we owed it to others to help when and where we could.

What is your fondest memory or greatest achievement of your legal career so far?

My fondest memory is of the day that my sister Paddy and I were sworn into the bar. Attorney General Joseph Curran swore us in because his children (and my friends) Max and Katie were being sworn in the same

day. He told the story of our great grandfather writing the decision that Etta Maddox couldn’t become a member of the Maryland Bar because the statute didn’t provide for it, and then pointed out that he was proud there are so many women in the Maryland Bar now.

What is one piece of advice you would give someone in law school or considering a legal career?

I often tell friends’ children who are considering law school that you shouldn’t go into it unless you think you will truly enjoy it. It’s a demanding career choice and you have to really love it to stick it out. Too many young lawyers leave the practice because it can be especially grueling for the young associates, so if you don’t find it intellectually stimulating and satisfying, don’t do it. However, I also tell them that there are many ways to be a lawyer and they can be creative about where they practice. If they have a passion for an area that doesn’t seem initially connected to law, like sports, the environment

or social services, they may find that there are lawyers working in that field, because everything is touched by the law.

How do you give back to your community?

I am a big fan of Baltimore City and try to do my part to keep it strong. I’ve been very involved in my community association for the last 23 years. We are currently working to create a new park that will be privately owned but open to the public. By the time this gets published we will know if we can pull it off or not. In the past we have preserved our library branch, enhanced our fire station, restored the Roland Water Tower, and many other improvement projects. I am also a huge animal lover and volunteer as a foster parent for the MD SPCA. We’ve had a steady stream of foster cats, kittens and a few dogs come through our house. Watching them recover from whatever brought them to the shelter is so gratifying.

MICHAEL MCSHERRY

Practiced in corporate finance, securities law, and mergers and acquisitions from 1985 through 2010

How did your family’s legal history in Maryland and your father’s career impact your decision to pursue a career in the law?

Our father was very proud of his heritage and made it clear it was ours to continue. That included not only some of his children becoming lawyers, but also using whatever assets (he would have said “gifts”) were given to us — education, training, and roles within the wider community — to fulfill what he considered the responsibility of all professionals. He felt that anyone with the privileges of education and access to influence was, by virtue of being so privileged, obligated to use those assets to make life better for others. Making money was nothing to be especially proud of or embarrassed about. What really distinguished a good professional, in his estimation, was their positive impact on the community.

What is the best piece of advice you received during your legal career?

As a corporate lawyer, sometimes the best deals you do are the ones you don’t. Know how to recognize when it makes more sense for your client to walk away than to go forward with a contemplated transaction or relationship, and tell them when you do.

What is a cause or charity that you’re passionate about?

I left the practice of law to become a pastor. Every church I have served has some connections to the wider community dealing with hunger, housing, and similar anti-poverty

or human service programs. My legal background is often very handy, as much for having given me a window into all sorts of business operations as anything. Right now my church, Edwards Church of Northampton, MA, is a leader in a wider ministry alliance that sponsors transgender asylum seekers, so that they can be released from detention at the southern border, get lawyers, and live in a local community while pursuing their asylum cases. We raise money to provide housing, food and other expenses, and arrange other support, until they get permission to work, which takes at least a year in our area.

My legal background is often very handy, as much for having given me a window into all sorts of business operations as anything.

What do you hope your family’s legacy will be in the future?

As lawyers and citizens in an evolving society, we held ourselves to high standards, both in terms of the quality of work we did and by contributing to the lives of others in our communities.

PETER NAUGLE

Assistant Attorney General at the Maryland Office of the Attorney General, Criminal Appeals Division

What motivated you to pursue a career in law?

My first job after college was working as an intake paralegal with the Maryland Volunteer Lawyers Service (MVLS) a nonprofit organization that connects Marylanders facing financial hardship with volunteer attorneys. While the issues facing our clients ran the gamut from uncontested divorces to home foreclosures, a general pattern emerged: though the legal terrain was not overly complex when viewed through the eyes of our professional volunteers, that same terrain was practically unnavigable to the average layperson. My time with MVLS impressed upon me the extent to which even basic legal representation (or lack thereof) has the potential to change a person’s life dramatically.

How did your family’s legal history in Maryland and your mother’s career impact your decision to pursue a career in the law?

My mother, Natalie McSherry’s career unquestionably impacted my decision to pursue a career in law, but the impact was by no means one dimensional.

On the one hand, I had an early admiration for my mother’s professional accomplishments. On the other hand, it was exhausting to watch.

With respect to my family’s legal history generally, it was not until after I had already enrolled in law school that I even appreciated the extent to which my family had a legal history; it was as if my family suddenly decided that it was something I would be interested in hearing about. Up until then, any notion of familial legal history had existed only in abstraction, and the occasional reference to an oil painting of “the judge” that hung on the wall of my grandmother’s house.

What led you to your current practice area?

I was fortunate to have a number of judicial clerkships after law school, one of which was with Judge Charles E. Moylan, Jr., who recently celebrated 50 years with the Court of Special Appeals. Judge Moylan’s extensive tenure on the bench has afforded him a unique perspective with respect to the development of criminal law over the course

of a period that has seen significant changes. The opportunity to view the cases that came before the Court through the eyes of a jurist who has sat on the court virtually (although not literally) since its inception, sparked my interest in the challenging legal issues of vital importance that arise in the criminal context.

What are the benefits and/or challenges of being part of a family with such an extensive history of working in the law?

On a personal level, being part of a family with such an extensive history of working in the legal field has afforded me with the privilege of having a de facto network of professional role models and mentors that I can look to for insight and advice. However, that same extensive history also highlights the fact that having such a network of role models and mentors is a privilege because many others were deprived of that very opportunity. One of the early figures in my family’s legal history — my great-great-Grandfather, Chief Judge James McSherry — authored the 1901 Court of Appeals decision holding that women were statutorily ineligible to practice law in Maryland.

What is your fondest memory or greatest achievement of your legal career so far?

The greatest achievement of my legal career so far was being hired as an Assistant Attorney General with the Criminal Appeals Division of the Office of the Attorney General. During my time with the division I’ve had the opportunity to argue appeals in both of Maryland’s appellate courts on a range of issues, involving concepts as long standing as the marital communications privilege, State v. Sewell, 463 Md. 291 (2019), to concepts as contemporary as

the authentication of social media evidence, State v. Sample, 468 Md. 560 (2020). Back when I interviewed for the position I told my interviewers that it was a “dream job.” Years later, that remains true.

In the course of any legal practice, over a long enough period of time, mistakes are going to happen; when they do, acknowledge the mistake and try to fix it.

What is the best piece of advice you received during your legal career?

The speaker at my swearing-in ceremony offered my group a piece of advice that has stayed with me to this day: “Don’t be an ostrich.” In other words, if you find yourself in a hole, stop digging. In the course of any legal practice, over a long enough period of time, mistakes are going to happen; when they do, acknowledge the mistake and try to fix it. Hoping the mistake will fix itself — or worse, trying to cover up the mistake — is reacting to one mistake by making another. Other than that, as my mother says: wherever you are, always be nice to the support staff. They make the world go ‘round.

The Evolution of MSBA Legislative Advocacy

When the Honorable James McSherry, Chief Judge of the Court of Appeals, presided over the first meeting of the Maryland State Bar Association on August 28, 1896, the original Constitution of the new Bar Association provided no mechanism for the organization to directly influence the content or progress of legislation being considered by the Maryland General Assembly. However, the Minutes of the earliest meetings of the Association indicate that the state of the law as codified was very much on the minds of the members of the new Bar Association.

During the first few decades of the existence of the MSBA, legislative matters were handled by the Executive Committee of the organization. Later, the Committee on Laws was created, whose role it was, and remains, to advise the MSBA Board of Governors on pending legislation in Annapolis affecting the practice of law and the administration of justice.

It is important to note that for most of the first half of the 20th century, the leadership of the MSBA was comprised largely of leaders of the largest law firms in Maryland. Moreover, the number of “interest groups” influencing lawmakers in Annapolis was relatively small compared to today. As a result, much of the MSBA’s success in Annapolis came as a result of bar leaders having close personal connections with legislative leaders in the General Assembly. Those connections led to a significant MSBA role in the early 1970s in the creation of the District Court of Maryland and the Court of Special Appeals. However, those events occurred just prior to the proliferation of “interest groups'' in Annapolis during the 1970s and 1980s.

By the mid-1980s MSBA leadership had determined that because there were so many bills introduced before the General Assembly, and so many groups vying for the attention of lawmakers, the MSBA needed to adapt to the more frenetic pace of lawmaking in the state capital.

By the mid-1980s MSBA leadership had determined that because there were so many bills introduced before the General Assembly, and so many groups vying for the attention of lawmakers, the MSBA needed to adapt to the more frenetic pace of lawmaking in the state capital.

MSBA Modernizes Advocacy Approach with New Tools More recently, the MSBA has taken its approach to advocacy into the future with the adoption of more tools and resources to ensure MSBA members are connected with Annapolis.

In 2018, the MSBA introduced TrackBill, a legislation tracking solution which allows the MSBA to track and share key legislation as it moves through the halls of the legislative chambers.

In 2021, the MSBA added IgniteAdvocacy, a tool that allows the MSBA to engage members in grassroot campaigns to increase the profession’s impact in Annapolis. The acquisition of this tool was partly in response to the MSBA’s successful effort in early 2020 to defeat proposed legislation requiring taxation of professional services. Impacting legislation requires swift action and engagement from attorneys across Maryland, and the IgniteAdvocacy tool is designed to assist the MSBA in achieving those goals.

TrackBill/IgniteAdvocacy

Beginning with the 2018 General Assembly session, the MSBA began its partnership with TrackBill (a product provided by PolicyEngage), which has provided our legislative tracking and reporting software ever since. TrackBill powers the MSBA Legislative Action Center and Legislative Practice Area pages of active legislation during the Maryland legislative session.

Additionally, during the 2021 session MSBA utilized another PolicyEngage product, IgniteAdvocacy, which facilitates custom advocacy campaigns, such as the MSBA 2021 campaign asking the MD Department of Health to adhere to CDC Guidelines related to vaccines for lawyers returning to courtroom settings.

MSBA Engages Legislators at Annual Lobby Day & Coffee Chats

In addition to these virtual tools, the MSBA is also working to engage more with legislators in Annapolis. As part of this effort, the MSBA introduced its first Annual Lobby Day in 2020, just prior to the COVID-19 pandemic. Additionally, under past-President Hon. Mark Scurti, and continuing with

the assistance of former Senator Bobby Zirkin, the MSBA has held several Coffee & Conversations with sitting legislators. These monthly discussions allow MSBA members to learn more about issues in Annapolis, and how they can become more involved.

MSBA / A2JC Lobby Day

During the last two General Assembly sessions, the MSBA embarked upon a campaign to enhance its visibility in Annapolis by partnering with the Access to Justice Commission (A2JC) in staging an in-person Lobby Day 2020, and an all-virtual Lobby Day in 2021. The purpose of Lobby Day is to enhance participation by MSBA members in policymaking activity by providing opportunities for members to meet face-to-face with key

members of the Maryland General Assembly on selected issues of keen interest to the MSBA and A2JC.

Presently, the MSBA and A2JC are working diligently on plans for the February 2022 MSBA / A2JC Lobby Day. We are forging plans for an in-person or hybrid event (mix of in-person and virtual), but will be prepared to conduct an all-virtual event, should pandemic conditions preclude the possibility of an in-person or hybrid event.

MSBA Pursues Non-Partisan Interviews & Debates

The MSBA continues to evolve and expand it’s activity in Annapolis, particularly at the executive level. During the week of December 6, 2021, the MSBA in partnership with Stevenson University, held interviews with several candidates that have publicly announced their candidacy for Maryland Governor. These interviews were live streamed and recorded to provide MSBA members and beyond with more information about the various candidates.

The interviews, however, are just the beginning. In 2022, the MSBA is planning to hold several primary and general election debates. As an apolitical organization, the MSBA is excited to allow the candidates to discuss core issues that are important to the legal profession and beyond. Stay tuned for more information on these forthcoming debates.

Key Legislation with SIGNIFICANT MSBA INFLUENCE

Since 1996

1997

Gross Receipts Tax – MSBA successfully opposed a bill that would have taxed legal services.

1998

MSBA supported the establishment of the Maryland Legal Services Corporation (MLSC) Fund.

2001

Retroactivity: MSBA opposed legislation which attempted to undo court decisions by way of uncodified retroactivity provisions.

1998

MSBA supported amendments to an ethics bill that would have required MSBA Section representatives to register as lobbyists.

2000

MSBA opposed legislation that would have weakened the Single Subject Rule.

2004

MSBA supported legislation for increased funding of MLSC through filing fee surcharges.

2012

MSBA supported legislation from the Maryland Commission on Capital Punishment abolishing capital punishment in Maryland.

2015

MSBA supported funding for the Appointed Attorney Program, which provided funding for private counsel for arrestees at initial appearance before a District Court Commissioner (pursuant to Richmond II).

2018

MSBA supported the passage of the Pretrial Services Program Grant Fund to provide grants to eligible counties to establish pretrial services programs, or to enhance existing pretrial services programs in a manner consistent with the provisions of the Justice Reinvestment Act

2012

MSBA supported the Civil Marriage Protection Act, which legalized same-sex marriage in Maryland.

2010

MSBA supported legislation to strengthen Maryland’s Strategic Lawsuits Against Public Participation (SLAPP) law by expanding SLAPP suit status to include communications by a party with a government body or the public at-large related to any issue of public concern.

2016

MSBA supported the Justice Reinvestment Act, which was a sweeping criminal justice reform measure designed to reduce incarceration and recidivism by way of more equitable criminal charging and sentencing procedures, as well as greater emphasis on drug, and mental health treatment for non-violent offenders.

2020

MSBA successfully opposed legislation to expand the State’s sales and use tax to certain services—including legal services.

CHANGING LANDSCAPE OF LEGISLATURES:

Reduced Presence of Lawyers

Lawyers, Farmers, and Merchants

FROM THE FOUNDING of our Republic, lawyers have played a pivotal role in establishing and conducting our uniquely American form of representative government. Early post-Colonial era legislatures were not diverse bodies in terms of race and gender, and there was little diversity in terms of the occupations of the elected officeholders. The most prevalent fields listed by early representatives were lawyer, farmer, and merchant. Twenty-first-century legislatures are now more occupationally diverse, and that diversification has diminished the influence of lawyers in legislative bodies.

One common characteristic shared by those who chose to serve in legislative bodies was that they had established a sufficient degree of personal power and wealth to afford them the time away from their professional responsibilities to serve in a legislature that might convene for months at a time. Well-established lawyers represented a substantial portion of that class of individuals. And lawyers, with their unique ability to craft written law, became perhaps the

House of Delegates

34% had a law degree in 1967

26% have a law degree in 2021

19% have a law degree in 2021 Senate

47% had a law degree in 1967

most indispensable group among those legislative bodies. However, the days of lawyer dominance in legislatures around the nation are no more. The number and percentage of lawyers in the state legislature have declined nationally and in Maryland over the last four to five decades.

In Maryland, the 1967 General Assembly listed 49 of 142 members of the House of Delegates as having a law degree (34%), and 20 of 43 members of the Senate as having a law degree (47%), meaning that the percentage of members for the entire body was 37%. (In 1967, the General Assembly had only 185 members, as opposed to 188 today.) The 2021 General Assembly reported that 37 members of the 141 members of the House (26%) identified themselves by profession as attorneys, while nine of 47 members of the Senate identified themselves as attorneys (19%). Thus, the percentage of lawyers in the legislature in 2021 stood at 24%.

In examining the changing landscape of state legislatures, and the reasons for the declining representation among lawyers, and the continued importance of attorneys in the lawmaking process, I sought out the perspectives of individuals who could offer unique insights on the matter. They include a nationally known political scientist, current and former elected officials, as well as bar leaders.

National Trends

KARL

KURTZ,

NATIONAL

CONFERENCE OF STATE LEGISLATURES

To understand how the decline in the number and percentage of lawyers in the Maryland General Assembly compares to national trends, MSBA spoke with an authority on the subject. Karl Kurtz, Ph. D. is a retired political scientist who spent decades analyzing state legislatures with the National Conference of State Legislatures (NCSL), from its founding in 1975 until his retirement in 2014.

Structure of State Legislature (Full-time, Citizen, and Hybrid)

First, Dr. Kurtz pointed out that in an analysis of national trends involving state legislatures, it is essential to recognize the differences in the three basic categories of state legislatures: full-time, part-time (or “citizen”), and Hybrid (Maryland falls into the “hybrid” category).

Dr. Kurtz outlined the differences in legislative duration and structure:

• Full-time legislatures (those that meet throughout the year) would include California, New York, Pennsylvania, and Michigan. These legislatures are characterized by relatively high salaries and ample staffing.

• Part-time or “citizen” legislatures may have a legislative session as short as 30 days, especially in states where the state budget is set every other year. Citizen legislatures, generally found in states with smaller populations, would include New Hampshire, Vermont, North Dakota, South Dakota, and Wyoming. Legislators participate in sessions that are short in duration, have little if any staffing, and receive low pay.

• The hybrid model state legislatures, such as the Maryland General Assembly, are defined by NCSL, where members devote 74% of a full-time job on legislative matters, including the session, off-session legislative work, and constituent services. They have short staffing and receive salaries that are significantly lower than full-time bodies. Maryland, along with 25 other states, fall into the hybrid category.

When asked what he regarded as the key considerations affecting the participation of lawyers in legislatures, Dr. Kurtz highlighted the following factors:

• Over recent decades, the time commitment of all categories has been increasing for full-time and parttime legislatures;

• A couple of generations ago, when legislatures were part-time commitments, it would have been easier for a lawyer to maintain a practice, be present for a legislative session and remain responsive to constituent matters;

• Constituent demand — Email and social media have made officeholders far more accessible to their constituents;

• Every legislature is now representing a lot more people than in the past, and state legislative districts are often larger than Congressional Districts;

• State Governments have grown more complex over time.

Finally, when asked if he believed any socio-political factors, such as anti-lawyer bias or a rise in populism that might have led to the decline in lawyer-legislators, Dr. Kurtz stated that he had not seen either potential phenomenon operating in a sustained manner. However, he did offer one specific observation related to the Maryland House of Delegates. He noted that there had not been a lawyer to serve as House Speaker since current U. S. Senator Ben Cardin, who served as Speaker from 1979 to 1986. He noted that the vast majority of House Speakers before him were lawyers.

Perspectives on the Importance of Lawyers in the Legislature

HARRY S. JOHNSON (MSBA PRESIDENT, 2003 – 2004)

“Throughout Maryland’s history, lawyers have been key members of the Maryland General Assembly. To highlight our legislative members, MSBA in 2003-2004 listed all of the lawyer legislators in the Maryland Bar Bulletin. Through our Bar President’s Conference, we informed local and specialty bar leaders of their fellow lawyers who served in the legislature. Our goal was to help push the agenda of Maryland lawyers by creating and fostering relationships between lawyers locally and their elected representatives. This partnership continues, as several members of the legislature are active members of the MSBA, including several graduates of the MSBA Leadership Academy.”

Johnson pointed out that local representatives, both attorneys, and non-attorneys, wish to receive input and hear opinions of local attorneys as much as they do from the bar “writ large.” He felt highlighting the role of individual attorneys and local bar associations was beneficial to the legal community and the legislature.

J. JOSEPH CURRAN, FORMER MARYLAND ATTORNEY GENERAL, LIEUTENANT GOVERNOR, SENATOR, AND DELEGATE

Former Attorney General Joe Curran talked primarily about the 20 years he served in the Maryland Senate, where he chaired the Senate Judicial Proceedings Committee for 16 of those 20 years:

• “Early during my time in Annapolis; first, when I was in the House, then later in the Senate, there were relatively few lobbyists; now there are many more — and more of the bills introduced are on behalf of the interests represented by those lobbyists.”

• “Not all lawyers in the legislature practiced all kinds of law; I did trial work for insurance companies, or an occasional criminal case or someone’s will. It was good having the practice area diversity on the Committee.”

• “In the Judicial Proceedings Committee, we handled estates and trusts, and real estate matters that were often very complex. It was helpful having lawyers on the Committee with expertise in those areas.”

• “While some argued that there was too much regulation of industry — that regulation was intended to be for the benefit of the consumer. Regulation is generally a response to abuse, and those regulatory provisions are Intended to protect the consumer, not to burden the manufacturer.”

• “In examining what makes a regulation necessary or unnecessary, it’s important to have the involvement of the business community, consumer groups, but also lawyers.”

• “Where the MSBA can be of great help to the General Assembly — especially legislators who are not lawyers — it’s in making determinations as to whether a particular change in the law is even necessary. That’s true, whether it’s from the top leadership of the MSBA or an MSBA Section.”

AG Curran on Electoral Politics:

• “A greater percentage of people choosing to run for office are community leaders, who aren’t necessarily going to be lawyers. They’re known to the community, and whether their key issues are housing, education, or environment, many of these community leaders are known to the community and may not be attorneys.”

• “Historically, many lawyers considering a run for office are well-known in their legal circles, but not as well known in the individual communities in the electoral District from which they would run.”

• “Lawyers need to do a better job of getting out into the community, and developing a greater mastery of those community issues and not focus as much on legal matters.

JUDGE DANIEL LONG, RETIRED JUDGE, SOMERSET COUNTY CIRCUIT COURT

Judge Danny Long previously served in the General Assembly as Chair of the House Judiciary Committee from 1989-1990. Judge Long discussed his thoughts on balancing a law practice and legislative service, and also about collegiality among lawyers in the General Assembly.

• “When I was elected in 1982, the basic challenges for a lawyer-legislator then were largely the same as they are today: balancing a law Practice, your legislative duties, and your family life.”

• “Occasionally, I’d ask myself, ‘Did I answer those interrogatories? Did I answer that constituent?’ I really had to focus.”

• “We had great lawyers on the Judiciary Committee, from both sides of the aisle. They worked together in a collegial manner to amend bills and solve problems together.”

• “However, it is very important to remember that many non-lawyers are very adept at analyzing bills, as well as many of the legislative analysts and lawyers on the Committees.”

• “Collegiality was the way of the world when I served; people disagreed amicably.”

The basic challenges for a lawyer-legislator then were largely the same as they are today: balancing a law Practice, your legislative duties, and your family life.

Judge Long’s thoughts on serving in today’s General Assembly

• “The biggest difference would have to be challenges brought about by social media - and the constant access by constituents and the public.”

• “When I served, Committee chairs had full-time staff — but today, with the growing complexity of state government, legislative staff of members can become overwhelmed by the volume and complexity of some of the requests by constituents.

Photo courtesy of McCammon Group

HON. KATHLEEN DUMAIS*

Hon. Kathleen Dumais served as Vice-chair of the House Economic Matters Committee and represented District 15 in Montgomery County.

"In my experience, lawyers are vital members of the House and Senate as mentors to our colleagues and resources to staff counsel. We provide practical, real-world guidance and assistance on issues before all committees - particularly the House Judiciary Committee and the Senate Judicial Proceedings Committee that are the committees with jurisdiction over criminal law, divorce and custody, medical malpractice, tort law, and court proceedings generally. But our perspectives on business regulation, tax law, estates and trusts, and administrative law are also necessary. I hope more members of the Bar will consider running for a position in the legislature. It is rewarding and important — though it's certainly frustrating and exasperating at times too."

*Hon. Dumais was recently appointed by Governor Larry Hogan to the Circuit Court of Montgomery County

I hope more members of the Bar will consider running for a position in the legislature.

Conclusion

As economic and social trends continue to alter how civic-minded citizens consider the notion of seeking elective office, the MSBA must continue to evolve as a highly-sought resource for attorneys contemplating public service in state and local legislative bodies. Further, whether through an MSBA Legislator Academy or partnering with other bar associations or legal groups, the MSBA stands prepared to provide Maryland lawyers with additional resources to prepare them for holding elective office.

Photo courtesy of Beverly Funkhouser Photography

Father-Son Civil Rights Duo Reflect on Family Legacy

William H. “Billy” Murphy, Jr., and his son, Hassan Murphy, run the Baltimore-based personal injury and civil rights firm, Murphy, Falcon & Murphy.

Established over 70 years ago by William H. Murphy Sr., himself a prolific lawyer and later a barrier-breaking judge, the multigenerational law practice was built on a nearly 200-year family dedication to the cause of freedom, a legacy their descendents never take for granted.

The Murphy story began with John Henry Murphy Sr. Born into slavery on Christmas in 1840, he served in a Union army regiment during the Civil War. In 1892, he founded what would become one of the longest-running Black newspapers in the nation, the Baltimore Afro-American. It remains in circulation today.

The Murphy story began with John Henry Murphy Sr. Born into slavery on Christmas in 1840, he served in a Union army regiment during the Civil War.

Great grandfather Murphy’s courage and dedication set his family on a course to lead the civil rights movement for generations to come. He surely helped inspire three of his grandsons, including two who were born long after he died, to each leave their major marks on the Maryland bench and bar.

Murphy, Falcon & Murphy lawyers have since litigated cases in 32 states, 20 different federal courts, and even argued before foreign courts. All told, the firm has racked up nearly a billion dollars in verdicts and settlements for their clients over the years in matters ranging from police brutality to personal injury.

Hassan has blazed a trail for more Black attorneys to act as lead counsel in class actions. Since he joined, Murphy Falcon & Murphy has led more than 50 class actions, including against Equifax, Google, and Facebook.

Murphy, Jr., who humbly insisted on going by Billy in our interview, described his winding road into the legal profession that began with earning an aerospace engineering degree from the Massachusetts Institute of Technology.

Hired as an engineer for the Martin Co. (now Martin Marietta Co.) in 1965, Billy was one of only seven Black engineers, among thousands of white colleagues.

“It was an oppressive environment racially, and I couldn’t wait to leave,” he said.

Science was Billy’s first calling. Amid the heyday of space exploration, he saw amazing promise in the goal to extend life beyond Earth.

Billy soon grew unhappy at work, however. Stricken with stomach knots, headaches, and stress over the racism he experienced, he decided to attend law school.

His father was practicing law in Baltimore at the time Billy had the revelation, though the elder Murphy wasn’t yet elected judge. Billy described his father’s supportive, yet bemused, response when he broke the news that he planned to leave engineering for law.

“It was an ‘I-told-you-so’” chuckle, Billy recalled. His father had warned him about racism in corporate America at the time, and Billy now recognized he was right.

“I said, ‘Dad, help me, don’t hurt me,’ and we had a good laugh about it,” Billy recalled.

Billy credits most of his success to his father and mother, Madeline — an activist in her own right and three-time Baltimore City Council candidate.

“I thank God every day that He landed me in the home of Madeline and William Murphy,” he said.

Ultimately, the move to the legal profession has been good to him and Billy hasn’t looked back.

“Although it isn’t insurance against racism, it’s the freest a Black man can be in America,” Billy said of practicing law. “It’s been a rich career.”

Billy practiced with his father for just under one year before the elder was elected Judge in 1970 and left private practice.

The Next Generation

As Billy gained prominence in his early legal career throughout the 1970s, he quickly earned a reputation as a solid litigator. He would also don the robe, like his father, and was elected Baltimore Circuit Court Judge in 1980.

The bench proved temporary for Billy, however. In 1983, after a run for Baltimore mayor, he returned to private practice.

Later when Billy’s son, Hassan, decided to attend law school at Georgetown University, it appeared the profession was now coursing through the Murphy bloodline, but Hassan naturally wanted to carve out his own path.

Recruited heavily by New York firms, Hassan took a partnership-track position at Curtis, Mallet-Prevost, Colt & Mosle, one of the oldest law firms in the country, where he focused on complex international transactions and major corporate mergers and acquisitions.

“I was having fun, living in New York, and handling lots of big transactions,” Hassan recalled. “My wife was pregnant; we just bought an apartment, and I got this call from my dad.”

Billy called Hassan to consult on a case involving celebrity boxing promoter Don King, who had retained Billy to defend federal criminal wire fraud charges in 1998.

Hassan’s initial reaction was resistance. “But dad was persistent,” he said.

That case was the catalyst that brought father and son together professionally, but Hassan ended up staying for 20 years and counting even after they prevailed on behalf of Mr. King.

A mutual respect became apparent when each man claimed to have learned more from the other.

It was only supposed to be a temporary leave of absence from his New York firm, but “I only found out about that years later,” Billy teased Hassan.

Their close relationship was shaped by working together over the next two decades, and a mutual respect became apparent when each man claimed to have learned more from the other.

“I’ve learned so much from my father,” Hassan said. Billy retorted, “it’s not the traditional patriarchal relationship, actually I’ve learned so much more from him.”

“His vision is spectacular for what the firm ought to be,” Billy said, praising Hassan. “Our firm is living out his vision.”

Central to that vision has always been a commitment to representing people, the Murphys said. Murphy, Falcon & Murphy, now boasting a roster of nine lawyers and a dozen or so staff, has intentionally avoided building a list of institutional clients.

“We did not want to be beholden to corporate interests,” Hassan said. In some ways, we made things harder on ourselves, he joked.

We have worked very hard to make sure our personal and professional interests are aligned, Hassan said, and “I can’t see us doing it any other way.”

All Murphy Falcon & Murphy lawyers are steeped in community involvement and politics, which “goes hand-in-hand with how we practice,” according to Hassan. The firm has won hundreds of awards for both community service and for excellence in the practice of law.

It’s a commitment to justice and community service that’s been uniquely characteristic of the Murphy family for more than a century.

Judge William H. Murphy Sr.

Billy’s father, the late William H. Murphy Sr., enrolled in 1939 as only the third Black student to attend the University of Maryland’s law school. After graduation, he established a law practice in Baltimore’s Cherry Hill neighborhood. He became one of the first Black judges in Maryland when he was elected to the bench in 1970.

Throughout his career, Murphy Sr. was known as a tremendous mentor to younger Black attorneys. Murphy Sr. died in 2003 at the age of 86.

Throughout their lives, he and his wife, Madeline, were both active in the community and in the civil rights movement.

“When I was growing up, and when Hassan was growing up, some of the national leaders of the Black movement visited our home and spent the night with us,” Billy said. Those experiences obviously impressed the young man. As a teen, Billy successfully organized the Cherry Hill community to force the closing of an incinerator that was polluting the neighborhood.

Billy eventually attended the University of Maryland, his father’s law alma mater, where earned a spot on law review and founded a chapter of the Black Law Students Association.

As a student, he advocated for admissions ratio targets for Black and female law students, which the school adopted in 1968.

Family instilled in him both good morals and a servant’s heart, which Billy said has been foundational to his success.

“We came from strong families that taught us right from wrong and the importance of service to the Black community and to the larger community,” Billy said.

Unfinished Business

Billy and Hassan reflected on the progress made in the civil rights movement, and the fruits of their own prolific careers, while contrasting those gains with set-backs on racial progress in recent years.

“It is deeply disturbing that racism is still alive and well among a substantial portion of the white population,” Billy said. “That is distressing.”

Billy said he is concerned about the direction of national politics and fears an ultra-conservative Supreme Court might jeopardize progress that has been made on civil rights.

“It is deeply disturbing that racism is still alive and well among a substantial portion of the white population.”

He cited rulings that gutted preclearance in the Voting Rights Act, the congressional reapportionment process, and other policies that protect minority communities even before the balance of the court more drastically shifted.

“I’m deathly afraid that they will nullify the progress we have made,” Billy said.

“The last four years has exposed how deep racism and sexism are in America,” Hassan added. Though dispiriting, both father and son have found motivation in current events to re-intensify their efforts in the firm.

“We have turned these incredibly serious problems into some real energy,” said Hassan.

It comes from a resilient, fighting spirit both men have exhibited in their personal and professional lives, but they consistently direct all due credit to the community that lifted them up.

“We owe everything to the Black community and to whites of good will,” Billy said. “I could not ask for better treatment than I’ve had from those two communities.”

“We owe even more to our clients who entrust us to handle the most important problems in their lives,” he said. “It is truly a blessing and we hope that history will show that we’ve lived up to the challenge.”

MSBA Lawyer Assistance Program: Helping Maryland Attorneys for Over 40 years

THE MARYLAND STATE BAR ASSOCIATION Lawyer Assistance Program (MSBA LAP) has helped thousands of Maryland attorneys, law students, and other legal professionals over the past 40 years. Introduced in 1980, the MSBA LAP program was the first in the country with a full-time director. Richard Vincent, a non-lawyer and recovering alcoholic, serving as the program’s first director, designed the program alongside the Honorable David Bates. Together, they also created the Bates-Vincent Foundation, which, to this day, offers financial assistance for attorneys suffering from substance abuse and mental health treatment.

The MSBA LAP has been served by strong staff leaders over the past 40 years. Vincent retired in 2007, and Jim Quinn, who specializes in substance abuse and Employee Assistance Programs, became the director. As director, Quinn introduced Lisa Caplan, LCSW-C, who specializes in working with lawyers with

focus to include health and wellness initiatives. Teaming with Magistrate Hope Tipton, the MSBA along with the Women’s Bar Association and Bar Association of Baltimore City, introduced Wellness Week in 2019. Additionally, in 2018-19, Hon. Keith Truffer, helped to expand the program to every corner of the state by introducing the new toll-free LAP line.

Over the years, the MSBA LAP has enhanced the services it provides, and includes help for a broad range of problems and personal concerns, including but not limited to: mental health, addiction, stress, burnout, relationships, gambling addiction, grief, and career transitions. Lawyers, judges, and law school students can now come to the LAP for any of these, or other, personal issues. LAP also offers extensive outreach and education to the law schools and legal community. The Maryland Lawyer Assistance Program continues to be one of the most comprehensive programs in the country and continues to

At the forefront of the program are the attorneys and judges who volunteer their time to assist colleagues in need.

substance abuse disorders and mental health challenges to the team. Following Quinn’s retirement in 2020, Caplan now fills the role of director.

Along with strong staff leadership, at the forefront of the program are the attorneys and judges who volunteer their time to assist colleagues in need. Additionally, MSBA past-presidents and Bar leaders have influenced the expansion of the program. During Hon. Pamila Brown’s year, the program expanded its

provide vital assistance to the legal community. The need for a strong lawyer assistance program continues, particularly given the rise of stress and mental health issues arising from the increasing demands on legal professionals and the prolonged effects of the COVID-19 pandemic.

In the following pages, we’ll hear a personal story from an anonymous attorney who found solace in the MSBA LAP.

A Personal Story by a Maryland Attorney “

I HAVE STRUGGLED WITH anxiety and depression for much of my life. During adolescence, feelings of depression would flood me without warning, at unpredictable intervals and with no apparent pattern or length. Similarly, I would find myself feeling anxious and worried regarding everyday tasks such as school. These feelings came and went through college and law school. For the most part, I was able to get through those patches, but I never determined a trigger and, other than a brief stint with a counselor during college, I never really discussed my thoughts or feelings with anyone at length.

But during my first year out of law school, I found myself paralyzed with anxiety on more than one occasion while working at a large law firm in another state. What seemed to come naturally to everyone else did not come naturally to me — the workload, organization, hours uncertainty — it all took me off guard. Moreover, I appeared to be the only person who struggled with anxiety. All of my peers seemed to handle it with aplomb. I tried to find an explanation — it must be my boss, the firm, the kind of work. I took a clerkship and made a move. I married, had a child, and became a stay at home parent. The anxiety followed me everywhere. I worried about small things and big things, internal and existential.

The anxiety would alternate with periods of depression. Both manifested in physical symptoms — headaches and fatigue, but also migraine-level headaches that I determined were from grinding my teeth.

It was not until a series of personal tragedies that I got serious about pursuing cognitive behavioral therapy. In this process I learned about stopping negative thought loops, the importance of self-care, and ultimately in my case, the necessity of medication.

I did not learn about the Lawyer Assistance Program (LAP) until after I had pursued therapy elsewhere. Had I realized the abundance of resources LAP provides, I easily could have received help earlier. Seeking help from a lawyer-centered program not only would have been a relief, but it could have helped me at a pivotal time in my career when I thought maybe I just wasn’t meant to be a lawyer. Fortunately, through volunteering with LAP, I have learned myriad self help skills that I continue to use and have heard the stories of lawyers like me who struggle

Had I realized the abundance of resources LAP provides, I easily could have received help earlier. Seeking help

a lawyer-centered

not only would have been a relief, but it could have helped me at a pivotal time in my career when I thought maybe I just wasn’t meant to be a lawyer.

with mental health. This knowledge has allowed me to view my legal practice in a more reasoned light and manage my anxious tendencies when parenting and working. While I wish I had been able to utilize LAP’s services earlier in my career, I am grateful for its services now.

TALK THE TALK:

Your Guide to Common "Lingo" Heard Around the Courthouse

BY THOMAS BARNARD, MARISSA DOROUGH, JOHN BUTLER

As a lawyer, there is nothing worse than being in the dark — or having to feign understanding — while judges or other lawyers talk about key issues in shorthand (usually the name of the landmark case on that issue). Hopefully, this convenient guide to some of the lingo for legal concepts and factual situations commonly arising in federal criminal or civil matters will be helpful. Here is an excerpt from a summary of those phrases, with their associated cases and meanings to serve as your courthouse companion and water cooler cheat sheet.

ALFORD PLEA

North Carolina v. Alford, 400 U.S. 25 (1970)

An Alford plea occurs when a criminal defendant enters a plea of guilty and in doing so, admits that the Government has sufficient evidence which would likely persuade a judge or jury of guilt, but maintains his or her innocence.

BLOCKBURGER TEST

Blockburger v. United States, 284 U.S. 299 (1932)

The Blockburger test sets the standard to prevent double jeopardy. Each offense charged must have an element the other offenses does not in order for a defendant to be tried for both offenses. A lesser included offense is considered the same offense for purposes of double jeopardy, i.e., a defendant found guilty of both 1st and 2nd degree assault for the same offense, will only be sentenced to the 1st degree assault, and the 2nd degree will merge.

CHECKPOINT EXCEPTION (TO THE FOURTH AMENDMENT)

Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)

Sitz is a Supreme Court ruling in which the Court found that a surprise DUI sobriety checkpoint, where every driver in the area was forced to stop, did not constitute an unreasonable search and seizure because the State (in that case, Michigan) had a substantial governmental interest to stop drunk driving. The checkpoint exception was found to be rationally related to achieving the goal of stopping drunk driving with a negligible impact upon drivers.

SELL HEARING

Sell v. United States, 529 U.S. 166 (2003)

A Sell hearing is one in which the court considers four criteria to determine whether the involuntary administration of medication to an incompetent pretrial defendant is proper: (1) whether the defendant committed a serious crime, (2) whether there is a substantial likelihood that involuntary medication will restore the defendant’s competence and do so without causing side effects that will significantly interfere with the defendant’s ability to assist counsel, (3) whether involuntary medication is the least intrusive treatment for restoration of competence, and (4) whether the proposed treatment is medically appropriate.

BARKER TEST (SPEEDY TRIAL RIGHTS)

Barker v. Wingo, 407 U.S. 514 (1972)

The Supreme Court fashioned the Barker test to determine whether a defendant’s right to a speedy trial in a criminal prosecution has been violated. The determination is made on a case-by-case basis, taking into account: (1) the length of the delay, (2) the reason for the delay, (3) the time and manner in which the defendant has asserted his or her right to a speedy trial, and (4) the degree of prejudice to the defendant which the delay has caused.

UPJOHN WARNING

Upjohn Co. v. United States, 449 U.S. 383 (1981)

An Upjohn warning is essentially a corporate Miranda warning. Under Upjohn, the Supreme Court held that communications between corporate counsel of the Corporation are privileged. However, prior to obtaining information, the corporate employee should be notified that: (1) the attorney-client privilege over communications between the attorney and the employee belongs solely to the corporation, (2) the corporation may choose to waive the privilege and disclose what the employee.

Photos courtesy of Beverly Funkhouser Photography

In an interview with the founders of Lawrence Law, LLC, we explore how Kate Lawrence started the firm and how now just eight years later, her brother, Greg, and a former mentor — Mike Lentz — are now her partners in this growing law firm. Kate and Greg shared their personal fascinating professional stories, especially how they eventually became dual partners in a law firm as sister and brother.

ATTORNEYS ARE ALWAYS careful when choosing a law partner for good reason. The reality is that sometimes attorneys spend far more time with their law partners than with family members. Not so with Kate and Greg Lawrence...a sister-brother duo that also share a law practice.

In 2013, Kate started the firm that eventually became Lawrence Law, LLC. Kate was inspired to pursue a legal career after watching her older brother, Greg, practice law. Kate began her legal career working for a large firm that had a focus in the construction industry. Kate and Greg’s father was a purchasing agent at a supply warehouse, and so they grew up around construction. The idea that “the man with dirty boots may be the wealthiest man in the room” was ingrained. Kate has the utmost respect for the construction workers and companies that she represents. Indeed, Kate’s fondest memory of her legal career is landing her first client shortly after she started her solo practice firm in 2013. Now 11 years after graduating from law school, Kate has found herself as the titular head and majority owner of a three-partner law firm. In fact, Lawrence Law is classified as a “Woman Certified Owned Business.”

Enter Greg, Kate’s brother, 12 years her senior, who started practicing law 21 years ago and whose practice is very different from his sister’s construction law practice. Right out of law school Greg worked for six years as an enforcement attorney at the Securities & Exchange Commission in Washington, D.C. Greg’s fondest memory of practicing law was years later, when he won a high-profile case

Kate loves having her older brother as a business partner because she is able to make tough decisions with someone that she naturally trusts. She knows Greg always has her back.

against the SEC, his former employer. Securities practice is a niche, but Greg has been practicing in this area for 21 years, always focused on defense of white-collar investigations and Business and Securities litigation.

In 2013, when Kate started the firm, Greg was with an existing boutique firm and had a vibrant practice. In 2019, Greg decided to move on from his existing firm at the same time that Kate was looking at expanding her solo practice. While Kate

was on vacation trying to enjoy a little rest and relaxation, Greg called her and floated the idea of the two working together in the same firm, and Lawrence Law became a family operated business. Make no mistake though: it is clear to anyone who walks through the doors, Kate is the boss. “I always think of her as my little sister, but I will tell you that I have come to admire and respect Katie for her professional abilities and the way she does her job,” Greg says. The sister and brother make an outstanding team. Both are savvy lawyers, were independently successful, and have unique legal practices. Their combination of skill sets has worked out well for the firm. Lawrence Law operates out of an office in the Warehouse in Camden Yards, overlooking

the ballpark. They have added a third partner, Mike Lentz, who is Kate’s former mentor.

Managing any law office is tough and Greg thought it would be significantly difficult with family. However, the two complement each other. They equally share the responsibility of running the firm on a day-to-day basis; however, Kate concentrates on developing and growing the firm. Kate loves having her older brother as a business partner because she is able to make tough decisions with someone that she naturally trusts and knows Greg always has her back. And the work doesn’t stop the second they leave the office. They both confess they frequently annoy their family about discussions related to work.

Building a successful law firm is definitely a marathon, not a sprint. While Kate and Greg are siblings their partnership almost never came to be. There were reservations on both sides. As lawyers, they both have strong personalities and were concerned about maintaining their loving family relationship. Both were aware that they would spend countless hours working (and arguing) together. Nevertheless, both knew their sum would be greater than their individual parts. Before proceeding, they hired a business consultant to design the partnership agreement with the goal of structuring the compensation package fairly. The firm continues to utilize the consultant as the need arises. Both agree that the consultant was the key to forming a solid business partnership with each other.

The ease with which Greg and Kate tell their stories and communicate is reflective in their practice.

Today, their short- and long-term goals are to build the firm and become a full-service law firm by bringing in talented attorneys who complement the practice and have their own book of business. So far, they have been successful - the firm has grown to three partners with a total of six lawyers in the firm. The firm mainly consists of litigators, but their transactional practice is growing. In fact, they are actively seeking lawyers skilled in transactional work. The firm has explored growing geographically and has a New York satellite office. Kate adds that an additional goal of hers is beating Greg at golf.

Kate never expected to be law partners with her older brother and former mentor, but feels especially fortunate that both want to work with her. The ease with which Greg and Kate tell their stories and communicate is reflective in their practice. They both have an admiration and healthy respect for each other. And even though Kate is the majority partner, Greg adds, “I’m still her big brother.”

Seasoned Litigator Joins Lawrence Law

Lawrence Law, LLC is excited to announce that Michelle Noorani, a seasoned business litigator, has joined the firm as a partner. Ms. Noorani arrives with more than two decades of experience litigating complex civil disputes, including notable successes while representing Fortune 500 businesses in major trials at another prominent law firm. Ms. Noorani’s practice at Lawrence Law will be dedicated to representing businesses and business professionals in complex civil litigation, government investigations and prosecutions, as well as employment law issues.

“Michelle adds exceptional depth to our litigation team and trial capabilities at Lawrence Law,” said Partner Greg Lawrence. “With Michelle joining the team, we now have several partner-level litigators who has successfully tried complex cases to verdict, which puts us in a different league,” Lawrence added. Ms. Noorani’s addition to the ranks of partner also advances Lawrence Law’s commitment to diversity and inclusion. Partner Kate Lawrence added, “Lawrence Law is proudly a member of NAMWOLF, the National Association of Minority and Women Owned Law Firms. When recruiting lateral partners and associates alike, we emphasize the unique opportunities that NAMWOLF membership brings in attracting the most sophisticated and sought-after business clients. And we’re looking to further expand and are in frequent contact with partner-level attorneys looking for a unique opportunity to grow and expand their practices.”

EVERY element of EVERY CAUSE OF ACTION

Used for nearly 40 years by judges across the State, Maryland Civil Pattern Jury Instructions is the authoritative source of clear and concise definitions of key terms, elements of a relationship, duty or breach, and damages and burdens of proof. New instructions, revised commentary, and updated citations to cases and statutes, provide every practitioner with instant access to current black letter law, nuanced discussion of applicable legal principles, and governing legal authority.

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WORKING REMOTELY AND HELPING ATTORNEYS

VALERIE NOWOTTNICK

Owner, Paralegal Consultants, LLC

Valerie Nowottnick, ACP, is the founder of Paralegal Consultants, LLC. An active member in the MSBA and with over 33 years of experience as a paralegal, Nowottnick is one of the co-chairs of the Paralegal Taskforce created to help build engagement, content, and resources for the MSBA’s paralegal community.

Photo courtesy of Steve Thorson, StillMotion Studios

WE CHATTED WITH Nowottnick to learn a little more about her and her exceptional career.

Why did you enter the paralegal profession?

I was asked to provide office support during my senior year of high school to the State’s Attorney for Queen Anne’s County when his then-assistant wanted to go to a four-day a week position. I had taken advanced courses at my childhood school, St. Michael’s Elementary/Middle/High, prior to relocating with my parents to Grasonville during my 11th year. After enrolling at Queen Anne’s County High School and finishing 11th grade, I had enough credits that I could attend high school part-time and work elsewhere in the afternoons. The Board of Education gave me special dispensation to take off Fridays and work in the SAO. Thus, I was introduced to law and fell in love. I’ve been in law — for the most part — ever since and have loved my career. I have found that being an advocate for clients (either through

they have a problem and need it fixed. It could be divorce, contract dispute, estate planning, criminal charges, debt owed — whatever the issue, a person is going to be emotional about the process. While you can support your attorney in advocating for the client, you have to be careful not to become emotionally attached to the cause. It is important that you always maintain objectivity.

What is your fondest memory of your career so far?

Assisting an attorney client in winning a six-figure personal injury case that caused the client permanent injuries. It was a hard fought jury trial but we prevailed. It was extremely gratifying to know that we got compensation for the client that they could use to pay their future medical expenses. I also have fond memories of the attorneys I have worked with over the years. All of my experiences — good or bad — contributed to my knowledge and understanding of legal principles.

A court decision — whether good or bad — can change the course of someone’s life and the path taken to get that decision needs to be strategically and respectfully planned.

my employer or on behalf of my attorney clients) can be a very rewarding experience. I believe that the result of a court case — or negotiations on behalf of a client — can be life altering and should be given deference. A court decision — whether good or bad — can change the course of someone’s life and the path taken to get that decision needs to be strategically and respectfully planned.

What is the best piece of advice you have received from someone in the legal profession?

Don’t take it personally. Law, generally, is a very emotional vocation. Clients come to you because

I could not have paid for that education over the past 33 (and continuing) years.

What do you love about your work?

The diversity of the cases that I work on daily. I can work on a family law case, switch over to a contract dispute, maybe work on a real estate matter, or draft estate planning documents. It really runs the gamut of many areas of law and I really enjoy working in all of them. I also appreciate the privilege of being able to work from my home office. It takes one more car off the road and also gives me the flexibility to work anywhere when needed.

What are your professional goals this year?

To take at least one CLE class to learn about new technology or to find a more efficient way to do a task. I am a huge proponent of being efficient and effective. I am always in search of ways to tweak and hone my skills in that regard. Otherwise, to assist clients and hopefully acquire new ones.

What we can’t find on your resume…

I have recently started a butterfly garden and “raising” monarchs in captivity. Because there is such a need for preservation of these beautiful creatures, I wanted to assist in some way. I have planted a large butterfly garden with host and nectar plants that occupies my “off-work” time. I have also set up two butterfly enclosures in which I keep the caterpillars in their final stages before they enter the pupa (chrysalis) stage. After they emerge as butterflies, I release them in my garden. It is a very fulfilling and enjoyable hobby. I am completely addicted to this venture now. I love the circle of life, the flowers that I get to grow to host them, and watching them transition. Mother nature is truly amazing.

What’s your favorite hobby?

Reading and golfing. I hesitate to mention golfing as I don’t want anyone to invite me to an outing for fear of embarrassing the group. I don’t get to spend as much time on it as I’d like and it shows when I get on the course.

What’s a cause or charity that you are passionate about?

I have lost a few family members to various forms of cancer. I fully support the American Cancer Society and its causes whenever possible. I am also an ardent patriot of our country and support our veterans by donating to Wounded Warriors and Tunnel to Towers. I volunteer with all three organizations as much as I can and recruit friends and family to help as well. For every good deed, you receive two in return. I have been blessed with a successful career and a good life. I feel very strongly about paying it forward.

Now is the time.

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We have leveraged our size to bring together some of the most respected financial services providers in the retirement industry. Through the unique culture created between the ABA Retirement Funds Program and our Program partners we aspire to help every law firm, lawyer, and legal professional secure their financial future.

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From Exclusion to Acceptance: Women Lawyers in Maryland

BY THE HONORABLE LYNNE A. BATTAGLIA & EVELYN LOMBARDO CUSSON 1

The 125th anniversary of the Maryland State Bar Association presents an opportunity to consider the experience of women lawyers within the association and the profession, and the role of gender-specific collegial organizations in the future. From a legacy of exclusion, first from admission to the Bar and then from membership in bar associations comprised of men, women lawyers eventually gained acceptance by forming their own groups and advocating for causes affecting women. Now the number of women entering law school outpaces men, and women lawyers have attained positions of distinction in government, the judiciary, and the private sector.

1 The Honorable Lynne A. Battaglia was admitted to the Maryland Bar in 1974, which she later learned was a watershed year when more women entered the legal profession in Maryland than ever before. In 1993, Judge Battaglia became the first presidentially appointed woman to serve as United States Attorney for the District of Maryland. She was a Judge on the Maryland Court of Appeals from 2001 to 2016, and now sits as a recalled judge on the Court of Appeals, Court of Special Appeals, Circuit Court for Howard and Anne Arundel Counties, as well as for the District Court of Maryland. Judge Battaglia received a master’s degree in clinical mental health counseling from Johns Hopkins University and provides mental health counseling free of charge to her clients, to include women in crisis. Evelyn Lombardo Cusson is a government lawyer who specializes in civil trial work. She was fortunate enough to serve as Judge Battaglia’s law clerk from 2009 to 2011. For this article, Judge Battaglia and Ms. Cusson draw upon works authored by Judge Battaglia involving gender equality and the history of women lawyers in Maryland.

This article explores the history of women lawyers in Maryland, the efforts to achieve gender equality in the legal profession, and consideration of the efforts that bar associations may make to support the advancement of women in the profession and society.

I. Women Excluded

Before the practice of law became a “profession,” men and women in colonial Maryland brought their own cases to court or named someone without legal training to transact their business.2 Margaret Brent may be the most well-known woman attorney-in-fact, deriving her ability to serve because she did not marry, a “femme sole.3” Brent often appeared in court to collect her family’s debts and to transact business for herself and for her brother.4 When Governor Calvert died, Brent was appointed his executrix and became the “attorney” for Lord Baltimore, the absentee Proprietor of Maryland.5

In her role as “his Lordship’s attorney,” Brent learned that Governor Calvert had hired mercenaries from Virginia to quell a local rebellion. When the fighting was finished, the soldiers filed suits against Lord Baltimore for their recompense.6 The governor’s estate was not sufficient to pay the soldiers’ wages, so to raise money to satisfy the debts, Brent came to demand two votes in the General Assembly, one for herself as a landowner and one as Lord Baltimore’s attorney.7

The General Assembly refused, and Brent purportedly declared, “Where is justice?” which inspired the title of the seminal work chronicling the history of women lawyers in Maryland.8 While early women attorneys-in-fact entered the courtroom by necessity, either as unmarried women or with a power of attorney executed by their husbands, by the eighteenth century, the practice of law became professionalized to the exclusion of women.9 In 1715, the Maryland General Assembly enacted a statute addressing the qualifications for bar membership and making clear that only men were eligible.10

Women were not admitted to the bar in Maryland until

almost two hundred years later when, in 1902, Etta Haynie Maddox became the first woman to carry the mantle. Maddox graduated from the Baltimore Law School on June 6, 1901, and petitioned the Court of Appeals for permission to take the state bar examination11 The Court rejected her petition, reasoning that the right to practice law was not a “natural inherent right” belonging to every person, but instead was available only to males by statute.12

Undaunted, Maddox lobbied the Legislature for a bill that would permit women to be admitted to the Maryland Bar.13 She brought women lawyers from other states to bolster her cause before the General Assembly14 and convinced Senator Jacob Moses to introduce the bill that eventually became law on April 8, 1902.15

Maddox took the bar examination in June 1902 and passed “very creditably.16 Despite passing the bar, the Maryland State Bar Association did not welcome Maddox into the fold and would not allow women members for decades to come.17

II. Women Forge Alliances

Excluded from male-dominated associations, women formed their own groups dedicated to women lawyers such as the Women’s Bar Association of Maryland and its predecessor organizations.18 Through these gender-specific groups, women lawyers found support and developed strategies for attaining career success.19

At the same time, women continued to seek admission to mainstream organizations, such as the Maryland State Bar Association and the Bar Association for Baltimore City. In 1929, four members of the Women’s Lawyers Association (the precursor to the Women’s Bar Associ-

2 Lynne A. Battaglia, Against All Odds: Maryland’s Earliest Women, in Finding Justice: A history of women lawyers in Maryland since 1642, 27 (2015).

3 Id 4 Id. at 27–28.

5 Id. at 28.

6 Id.

7 Id.

8 Id. Brent resorted to selling some of Lord Baltimore’s cattle and land, which the assemblyman did support, and in doing so, avoided a financial crisis in the colony.

9 Id. at 33. (explaining that although the statute used the gender-neutral terms “attorney” and “person,” masculine pronouns were employed, and that by the 1730s women were not accepted as apprentices in law offices and could not become licensed to practice law).

10 Id

11 Michelle R. Mitchell, Etta Maddox: An Eternal Advocate for Maryland’s Women, from Admission to the Bar to Access to the Ballot, in Finding Justice: A history of women lawyers in Maryland since 1642, 46–51, n. 25 (2015).

12 Id. at 52–53.

13 Id. at 54–55.

14 Id. at 54.

15 Id. at 54–55.

16 Id. at 55.

17 Lynne A. Battaglia, Women Lawyers in Community, 1920–1940, in Finding Justice: A history of women lawyers in Maryland since 1642, at 97 and n. 73 (2015).

18 Id. at 96. See also Lynne A. Battaglia et al Investing in the Future of Maryland Women, Maryland Bar Journal, July–Aug. 2011, at 14 (describing the Inez Milholland Club founded in 1927 and the Women’s Lawyers Association of Maryland as among the first groups founded for the promotion of women attorneys).

19 Lynne A. Battaglia, Women Lawyers in Community, 1920 – 1940, in Finding Justice: A history of women lawyers in Maryland since 1642, at 96. According to pioneering lawyer Jeannette Wolman, the Women’s Lawyers Association of Maryland began with a dozen or so members who “started getting together to talk over our problems.” Id

The all-male membership claimed that allowing women to join would open the group to African Americans and that if women came to the meetings, “the men would not have the same freedom to tell stories or partake in certain refreshments.”

ation of Maryland) applied for membership in the Bar Association for Baltimore City. Although they had endorsements from a judge and bar members, they were denied membership20. The all-male membership claimed that allowing women to join would open the group to African Americans and that if women came to the meetings, “the men would not have the same freedom to tell stories or partake in certain refreshments.”21

Early women attorneys also took up causes affecting women. In the 1920s, 1930s, and 1940s, women lawyers advocated for women’s right to participate on juries.22 After the passage of the Nineteenth Amendment,23 Maryland continued to deny women the right to participate in the judicial system through jury service.24 In 1946, the Women’s Bar Association and other women’s groups formed the Maryland Committee for Women’s Jury Service to combat the notion that jury service was incompatible with “women’s role in the home.”25 The Committee’s empirical approach, complete with a survey showing that 85% of women actually favored jury service in Maryland, was pivotal in the success of the jury bill that passed the following year.26

Women’s collegial groups also supported women candidates for prominent positions in the community. One early Portia,27 Helen E. Brown, applied to serve as Magistrate on the Bench of the Housing Court for Baltimore City. In advocating for Brown’s appointment, the Women’s Bar Association reminded Governor-elect Harry W. Nice to follow through on his campaign promise for “women’s equality.28” Throughout the 1940s and 1950s, the Women’s Bar Association backed women lawyers seeking to become the first female prosecutors and judges in Maryland.29

III. Bar Associations Open Doors

In 1946, after applying for membership 20 consecutive times, Rose Zetzer finally became the first woman to be admitted to the Maryland State Bar Association.30 Her successful application required an amendment to the association’s constitution to formally permit women to join.31 With Zetzer’s admission, Maryland was the last state to admit women to a state bar association.32 It took women until 1957 to gain membership in the Bar Association for Baltimore City.33

After women lawyers achieved admission to these once male-only groups, the goals of the Women’s Bar Association shifted. Chief among its goals was developing opportunities for women to advance to positions on the bench.34 As Judge Roslyn B. Bell, originally on the Montgomery County Circuit Court and then on the Court of Special Appeals, noted, “There is a very direct correlation between the jurisdictions that have active women’s bar associations and those with women in the judiciary.”35 The Women’s Bar created a context for the development of mentoring relationships, because “[t]he average woman lawyer does not have the connections or the role models.”36

Women of color faced even greater barriers to acceptance in the legal profession. The first African American woman admitted to the Maryland Bar was Jane Marshall Lucas in 1946. It took years for the Alliance of Black Women Attorneys to coalesce, but in 1979, the group was formed to promote the interests of women of color, and to foster the development of African American women in the legal profession.37 Another group established to encourage the professional development

20 Id.

21 Id. (internal quotation omitted).

22 Id. at 97.

23 The Nineteenth Amendment provides: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. U.S. Const. amend. XIX.

24 Lynne A. Battaglia, Women Lawyers in Community, 1920–1940, in Finding Justice: A history of women lawyers in Maryland since 1642, at 97–98.

25 Id. at 99.

26 Id. at 98–99.

27 Early women litigators in Baltimore City were known as the Portias. Battaglia et al., Investing in the Future of Maryland Women, at 12.

28 Lynne A. Battaglia, Women Lawyers in Community, 1920-1940, in Finding Justice: A history of women lawyers in Maryland since 1642, at 100–101.

29 Id

30 Id. at 97.

31 Id

32 Id. The Baltimore City Bar Association did not reconsider its informal policy of excluding women and minorities from membership until 1957. Id. at 97 and n. 76.

33 Id.; see also Battaglia et al., Investing in the Future of Maryland Women, at 16. The inimitable Sheila Sachs became the first woman president of the Bar Association for Baltimore City in 1987.

34 Id

35 Id

36 Id

37 Id. at 16.

of African American women lawyers was the Black Women’s Bar Association of Suburban Maryland. That organization was subsumed in 2015 by the J. Franklyn Bourne Bar Association, which is dedicated to the advancement of African American Lawyers (both men and women) in Prince George’s and Montgomery Counties.38

While the Women’s Bar Association and the Alliance of Black Women Attorneys were formed to facilitate career advancement for women attorneys, the Women’s Law Center was established to champion equality for women through litigation and other lawful means.39 Founded in 1971, the Women’s Law Center engaged in litigation to obtain unemployment benefits for women during pregnancy and to challenge the requirement that married women must register to vote using their “married names.”40 Later, the Women’s Law Center became the first group to question candidates for judicial offices on their membership in discriminatory clubs.41 Today, the Women’s Law Center provides free legal services to women in the areas of employment law, domestic violence, immigration, and family law, and lobbies the General Assembly involving legislation affecting women.42

IV. The Rise and Decline of the Gender Equality Commission

In 1987, then Chief Judge of the Court of Appeals, Robert C. Murphy, appointed the Special Joint Committee on Gender Bias in the Courts (hereinafter the Task Force) to gather information about biases against women in the judicial system.43 The 1989 Report concluded that gender bias was “endemic” to Maryland courts.44 The Task Force’s examination addressed substantive issues involving family law, court treatment of personnel, judicial selection, and women in the courtroom.45

The first major problem identified by the Task Force was the treatment of victims of domestic violence, including situations where judges and court personnel discounted the special needs of battered women, such that education of the judiciary became one of its

gender bias and sexual harassment in the workplace.”48

The Task Force noted that “gender bias existed in the judicial nominating commissions, which contributed to fewer women attaining judicial appointments.”49 The Committee

Today, the Women’s Law Center provides free legal services to women in the areas of employment law, domestic violence, immigration, and family law, and lobbies the General Assembly involving legislation affecting women.

recommendations.46 In the area of child support, surveys undertaken by the Task Force showed that the amount of child support which the non-custodial parent was required to pay was often insufficient, disproportionately impacting the custodial parent. As such, the Task Force recommended that litigants provide judges and masters more up-to-date information about the costs of child-rearing, including childcare costs.47

The Task Force had also found that female court personnel were paid less than male employees and were not promoted as frequently as their male counterparts. The Task Force recommended “reviewing qualification requirements and salary grades for all non-judicial employees, increasing appointments of qualified women to all positions within the court system and developing a curriculum for judicial and court employees to address

recommended that judicial nominating commissions “eliminate questions to applicants regarding marital status and childcare” and recommended that bar associations weigh in on the judicial selection process.50

Finally, regarding the experiences of women in the courtroom, the Task Force Report found that women attorneys, parties, and witnesses were sometimes subjected to disrespectful treatment and gender-related comments by judges, masters, and court personnel. The Task Force recommended mandatory continuing education for judges, masters, and court employees to prevent such treatment and revision of all court forms to use gender neutral language.51

A permanent joint bench-bar committee was created to evaluate and report on efforts to implement the recommendations of the Task

38 Id.; see also Local and Specialty Bars, https://www.msba.org/for-members/resources/local-specialty-bars/black-womens-bar-association/ (last visited July 28, 2021)).

39 Battaglia et al., Investing in the Future of Maryland Women, at 16.

40 Id

41 Id.; see also The Honorable Diane O. Leasure (Retired), The Impact of Mentoring and Other Influences on the Career Development of Women Lawyers, in Finding Justice: A History of Women Lawyers in Maryland since 1642, at 136–37 (2013).

42 See Women’s Law Center of Maryland, http://www.wlcmd.org/ (last visited July 28, 2021).

43 Battaglia et al., Investing in the Future of Maryland Women, at 17.

44 Pamela J. White, Thirty Years Later: Recalling the Gender Bias Report and Asking “What’s Next?” in the Legal Profession, 80 Md. L. Rev. Online 13, 15 (2020);

45 Battaglia et al., Investing in the Future of Maryland Women, at 17.

46 White, 80 Md. L. Rev. at 16–17.

47 Battaglia, Investing in the Future of Maryland Women, at 17.

48 Id. at 17–18.

49 Id

50 Id.

51 Id.; see also White, 80 Md. L. Rev. at 17–19.

Force.52 In 1992, the Select Committee on Gender Equality issued a report to gauge progress since the 1989 report and recognized areas of accomplishment, to include education of district court and circuit court judges on domestic violence. At the suggestion of the Select Committee, the Judicial Institute had instructors incorporate gender fairness topics into judicial education courses offered to Maryland judges and masters.53

Beginning with the inaugural course in 1992, the Select Committee and the Maryland State Bar Association presented a curriculum addressing gender fairness for the mandatory professionalism course for new admittees.54 The Committee also advocated for changes to the personal data questionnaire completed by all judicial applicants “to include inquiries concerning a candidate’s membership in discriminatory private clubs.”55

The 1992 Report recommended further study of the status of women in law schools and law firms, particularly regarding hiring, retention, termination rates, partnership track, compensation, and policies involving family leave.56 In 2001, the Select Committee again issued a report highlighting its gains in eliminating gender bias in the courts through judicial training, educational programs to the bar, “and other corrective measures, although since that time the Committee has been largely moribund.”57

V. How Can Bar Associations Serve Women Attorneys Today?

This year marks the seventy-fifth anniversary of Rose Zetzer’s admission to the Maryland State Bar Association. Since then, several women have served as president of the association, beginning with Louise Gonzales in 1991.58 Certainly, gender-specific bar associations may be credited with providing mentorship for early women attorneys, fostering networking opportunities, and propelling women to judgeships. After women attorneys gained acceptance to mainstream

groups, how bar associations can continue to serve women attorneys merits examination. The Women’s Bar Association no longer defines itself as a gender-specific collegial group, but rather “an organization of women and men committed to the full and equal participation of women in the legal profession and in a just society,” according to WBA president Eden Terenzini. Other organizations, including the Alliance of Black Women Attorneys of Maryland and the Women’s Law Center, continue to embrace their gender-specific origins. The Alliance, for instance, works for the betterment of women attorneys of color, providing opportunities for networking, mentorship of young lawyers and law students, and “professional growth in an atmosphere that is comfortable and collegial,” says Alliance president Michelle K. Wilson.

The Women’s Law Center advocates for gender justice for women litigants, according to its Executive Director Michelle Daugherty Siri, who has stated: “The Women’s Law Center of Maryland is different from other bar associations in that while our membership is primarily comprised of women in the legal field, our mission is to leverage our strengths as attorneys to promote gender-justice for individuals trying to access the court system. As lawyers, we are uniquely positioned to utilize our expertise and experience to better the lives of others. By joining the WLC, you can help increase access to justice and ensure the physical safety, economic security, and bodily autonomy of all women in our State.”

As evidenced by the decline of the Gender Equality Commission, there is some complacency around issues of gender fairness which erodes the emphasis on parity. Bar associations may be equipped to advocate for gender fairness issues that have not been adequately addressed, such as pay inequity which persists not only for women attorneys but also for women across professions.59 The

Another issue highlighted by the pandemic is what may be the disproportionate impact on women attorneys for providing childcare and eldercare in their families.

Maryland State Bar Association’s Diversity & Inclusion Committee, for example, has identified for further study and action the underrepresentation of women in law firm partnerships. Another issue highlighted by the pandemic is what may be the disproportionate impact on women attorneys for providing childcare and eldercare in their families. Women attorneys may also simply derive satisfaction from collegial connections developed through associations.

The issues surrounding the impact of gender in our profession and our society deserve persistent and conscious exploration, in order to insure that we do not ignore any pernicious consequences of “progress.” Whether gender-specific bar associations can and are willing to serve this purpose may be the challenge.

52 See White, 80 Md. L. Rev. at 23 (describing Justice Ruth Bader Ginsburg’s observation that task forces such as in Maryland “enhance public understanding that gender equality is an important goal . . . [and enable courts] to identify, and devise effective means to eliminate, the harmful effects of gender bias.”).

53 Battaglia, Investing in the Future of Maryland Women, at 18.

54 See White, 80 Md. L. Rev. at 25.

55 Battaglia, Investing in the Future of Maryland Women, at 18.

56 Id

57 Id.; see also White, 80 Md. L. Rev. at 29–30.

58 Other women presidents of the Maryland State Bar Association have been: Judge Barbara Kerr-Howe (1996–97), Judge Pamela White (2001–02), Judge Alison Asti (2007–08), Katherine Kelly Howard (2008–09), Debra Schubert (2014–15); Judge Pamila Brown (2015–16), Sara Arthur (2017–18), and our current president Natalie McSherry (2021–2022).

59 White, 80 Md. L. Rev. at 31 n.113.

SPECIALTY BAR ASSOCIATIONS: Celebrating Community, Creating Change

BY NATASHA M. NAZARETH, ESQ. CHAIR, EDITORIAL ADVISORY BOARD OF THE MARYLAND BAR JOURNAL

AS A YOUNG LAWYER in another state, our women’s bar association sported lavender t-shirts with “Not Your Father’s Bar” emblazoned on the back. It was a humorous take on the fact that many of us did not feel a part of the legacy of a largely white, male legal profession. In the women’s bar, there were numerous trailblazers ahead of me: courageous, honest guides who gladly offered me support and friendship as well as professional advice and connections. Simply put, the network felt accessible.

Two decades later, I find myself living in Maryland, which according to data from the 2020 Census, as reported by the Washington Post, is now the most racially and ethnically diverse state on the East Coast and the fourth most racially and ethnically diverse in the nation. (August 12, 2021). Further, the practice of law has become more specialized, and along with it, specialty bar associations are thriving alongside the statewide bar.

Currently, there are at least 23 active specialty bar associations in Maryland, in addition to local county bars and the Maryland State Bar Association. These specialty bars reflect the complex and dynam-

ic diversity of lawyers in Maryland. Many speak to lawyers’ personal identities with respect to race, gender, religion, sexual and gender identity, political persuasion, and so on. Others appeal to lawyers with common interests related to their practice specializations and environments in government or in-house positions.

Specialty bar associations all have one thing in common: creating community for their members. Moreover, a look at their missions and accomplishments reveals that specialty bar associations go well beyond mentoring and networking amongst their members. They also serve to advance the law, improve the legal profession, and collectively shine a light on the legal concerns and needs of their members’ clients.

In the next few issues, we plan to highlight the valuable work that specialty bars bring to the profession.

Maryland Muncipal Attorneys Association

FOUNDED 1972

The MMAA provides education and collaboration opportunities for attorneys representing municipal governments and provides professional and technical assistance and training to the Maryland Municipal League and local elected officials.

ACCOMPLISHMENTS

The MMAA provides technical assistance to the Maryland Municipal League on legislation pending in the Maryland General Assembly and advocates for legislation that benefits local governments and their residents.

MMAA members provide training to local government officials and employees to better local government operations in areas such as Open Meetings, Public Information, Employment, Election Law. 1 2

ACCOMPLISHMENTS

1

2

HOPES & OPPORTUNITIES

The MMAA looks to expand its membership and training opportunities.

The MMAA is exploring mentoring opportunities for attorneys considering a career in local government. 1 2

The Asian Pacific American Bar Association of Maryland, Inc.

FOUNDED 2002

Our goals are to promote the quality of legal service to the Asian Pacific American community; to monitor legal developments and inform the community of any potential impact; to promote legal education to meet community needs; and to provide support on issues that would strengthen equal opportunity and eliminate prejudice.

HOPES & OPPORTUNITIES

From 2002 to the present, APABA-MD grew from three incorporators to an organization with over 100 members, which has continued to promote the mission of the organization.

The organization continues to respond to the needs of the American Pacific Islander (AAPI) community through educational outreach, mentorship of members, and community service.

To combat anti-AAPI sentiment, work with our community to promote diversity and inclusion, and provide education and outreach for our members. 1 2

To promote AAPI growth, development and advancement in the legal community, including in leadership positions, judicial positions, etc.

Women’s Bar Association of Maryland, Inc.

FOUNDED 1929

The WBA’s purpose is to maintain the honor and integrity of the legal profession, assist in the administration of justice, promote and advance the interest of women engaged in the practice of law, and advance the status of women in society.

ACCOMPLISHMENTS

In 1991, the WBA put observers in every courtroom in Maryland and from those observations compiled The Courtwatch Report, documenting gender bias in certain cases as well as in judicial selections applications. The WBA has campaigned to eliminate gender bias in courts and to revise judicial selections screening procedures.

Maryland Association for Justice

FOUNDED 1954 AS THE MARYLAND PLAINTIFF'S BAR ASSOCIATION

The Maryland Association for Justice is dedicated to improving and protecting the civil justice system through legislative advocacy and the professional development of trial lawyers.

ACCOMPLISHMENTS

1 2

Advocacy efforts in Annapolis on behalf of our member's clients.

CLEs and networking events offered to trial lawyers statewide.

HOPES & OPPORTUNITIES

To become a more inclusive organization that will continue our efforts to create a fair and impartial legal system that protects the rights and safety of all people through legislative advocacy and professional development of trial lawyers.

Continue to increase the diversity of our membership and the field. 1 2

Alliance of Black Women Attorneys of Maryland, Inc.

FOUNDED 1979

The objective of the Alliance shall be to maintain the honor and integrity of the legal profession; to promote the administration of justice through its members; to advance and protect the interest of black women attorneys; to improve the delivery of legal services; and to aid in protecting the civil and human rights of all.

ACCOMPLISHMENTS

1 2

One of the Alliance's most significant accomplishments was being added to the judicial application as an organization that conducts judicial interviews. Our members take this role seriously and make it a priority to meet as many applicants as we can during the interview process.

Our second accomplishment was this year, when we honored Judge Mabel Houze Hubbard, who was the first Black woman appointed to the Maryland bench in 1981. The Alliance was able to have Judge Hubbard's portrait added to the Ceremonial Courtroom at the Circuit Court for Baltimore City and also have a plaque honoring her placed outside of the courtroom where she spent most of her career. She will be the first Black woman judge to have her portrait hanging in the ceremonial courthouse.

HOPES & OPPORTUNITIES

1 2

The Alliance would like to continue with our mission of maintaining the honor and integrity of the legal profession; promoting the administration of justice through its members and advancing and protecting the interest of black women attorneys. Improve the delivery of legal services; and to aid in protecting the civil and human rights of all.

Maryland Defense Counsel, Inc. (MDC)

FOUNDED 1962 AS THE ASSOCIATION OF DEFENSE TRIAL COUNSEL (METROPOLITAN BALTIMORE)

MDC endeavors to attain equal justice for all, improve Maryland courts and laws, and strengthen the defense of civil lawsuits through political activism, judicial candidate interviews, and educational conferences.

ACCOMPLISHMENTS

MDC has proudly continued to fulfill its mission for almost 60 years. MDC was founded by a small group of attorneys to exchange ideas on common defense problems and keep abreast of changes in the law. From these informal beginnings, it grew into a statewide organization. It has continued to serve its members by promoting defense interests in the state legislature, filing amicus curiae briefs, interviewing and endorsing candidates for judicial office, hosting skills-based trainings like Trial Academy and Deposition Bootcamp, and regularly issuing publications like The Defense Line.

HOPES & OPPORTUNITIES

MDC intends to continue to thrive for another 25 years. MDC will continue to provide a platform for its members to connect, find innovative ways to enhance our profession, and be a substantial asset to the practice of our members.

Federal Bar Association Maryland Chapter

FOUNDED 1952

The Maryland Chapter of the FBA is committed to offering substantive programming; serving as an inclusive, equitable and diverse forum for lawyers; facilitating engagement between the bench and the bar; empowering lawyers to transition to federal practice; and developing future leaders for our legal community.

ACCOMPLISHMENTS

The chapter annually hosts "Introduction to Federal Practices," a primer on federal practice, the Judges Luncheon, and many other events that bring together a cross section of the bench and bar. Receiving national awards for several of our chapter programs and multiple issues of our newsletter from the Federal Bar Association. 1 2

HOPES & OPPORTUNITIES

To advance the administration of justice and improve delivery of legal services by providing practical continuing legal education programming and training for lawyers at various stages of practice. To continue growing an engaged federal practitioner network where lawyers hone their skills, participate in important conversations between stakeholders, and become leaders within the legal community. 1 2

The J. Franklyn Bourne Bar Association

FOUNDED 1977

Ensure the continuation of African Americans in the legal profession; defend, protect, and assist in the cultural, socio-economic and political development of African American communities through the vehicle of the law; safeguard and preserve the historical continuation of African American attorneys in Prince George's and Montgomery Counties; conduct continuing legal education programs relevant to African American attorneys.

HOPES & OPPORTUNITIES

Educate the general public about their rights and responsibilities under the law

Maryland Hispanic Bar Association

FOUNDED 1993

To remain ever vigilant regarding the legal rights of minorities, to advocate for the nomination of qualified Latino attorneys to the bench, and to advance the profession through service to the community.

ACCOMPLISHMENTS

The MHBA vetted and supported the candidacies and nominations of each and every Hispanic/ Latino judge in state of Maryland.

The MHBA was instrumental to guaranteeing litigants the right to free, reliable, trained, and certified interpreters in court. This occurred at the same time certain elements in Maryland were pushing an "English Only" bill which would have made English the official language of Maryland, and threatened the public's access to interpreter services in court.

HOPES & OPPORTUNITIES

The MHBA hopes to soon see a bar that reflects the demographics of the state at large, including a fair representation of Hispanic/Latino attorneys.

The MHBA will continue to work closely with our state's two law schools to foster the education, development, and career growth of Hispanic/Latino law students.

Companies Named for Rodney Dangerfield Characters

“Get No Respect” From Court of Special Appeals

JUDGE ELIHU SMAILS: You know, you should play with Dr. Beeper and myself. I mean, he’s been club champion for three years running, and I’m no slouch myself.

TY WEBB: Don’t sell yourself short, Judge. You’re a tremendous slouch. Caddyshack (1980), Harold Ramis, director; Judge Smails played by Ted Knight; Ty Web played by Chevy Chase

IN THORNTON MELLON, LLC, et al. v. Frederick County Sheriff, et al. (Nos. 2224, 2330 2580, Sept. Term 2019; No. 151, Sept. Term 2020) (9/3/2021), a group of tax sale purchasers named for movie characters like Chevy Chase’s Ty Webb, and Rodney Dangerfield’s Thornton Mellon and Cy Czervik, challenged the authority of county sheriffs to set eviction procedures that increased eviction costs. The Court of Special Appeals characterized the effort as trying to persuade it “to force the sheriffs’ offices to make the tax sale purchaser’s job easier or cheaper,” which the appellants certainly had a right to do. Id. at 3–4, n. 3. The Court also noted that the appellants “have chosen to conduct their business under the names of, among others, the ‘crass, unpolished’ self-made millionaire from the film Back to School, and the ‘boorish real estate developer’ from the film Caddyshack,” also within their rights. Id. (citations omitted). These observations did not bode well, however, as the Court went on to conclude that two of the three procedures complained of were legitimate exercises of the sheriffs’ authority to perform duties expressly granted to them.

The consolidated appeals derived from the State’s regime for collecting delinquent real property taxes. By statute, unpaid taxes constitute a lien on the property. As summarized by the Court, Subtitle 8 of Title 14 of the Real Property Article of the Annotated Code dictates what comes next:

To collect the amount due in delinquent property taxes, the tax collector in each county conducts a yearly tax sale, where the county’s lien is sold to the highest bidder [who] is awarded a tax sale certificate. After the tax sale, the homeowner who has failed to pay their property taxes still owns the property, but has a limited amount of time to satisfy the debt they now owe to the holder of the tax sale certificate. If that debt is not satisfied within the

time provided, the holder of the tax sale certificate has the right to foreclose on the homeowners’ right to redeem their property.... After a foreclosure judgment is entered, the tax sale purchaser is issued a deed to the property, and the prior owner’s claim to the property is extinguished. With the foreclosure judgment, the tax sale purchaser is entitled to a writ of possession [which] directs the sheriff to place the new owner in possession of the property.

Id. at 1–2 (citations omitted).

The sheriff’s role in the process is codified at Md. Code Ann., Courts and Judicial Proceedings § 2-301(a), which states simply that “the sheriff shall serve all papers directed to him according to their instructions, within the time set by the court.” Action by the sheriff is triggered by resort to Maryland Rule 2-647, which provides that upon request the clerk of court is “to issue a writ directing the sheriff to place that party in possession.” The manner by which the sheriff is to perform these duties is not specified.

Over time, sheriff’s departments across the state have adopted their own policies for serving writs of possession. Several of these—the mover policy, the weather policy, and the 60-day policy—offended Thornton Mellon and its affiliates.

The mover policy required tax sale purchasers to supply sufficient movers and equipment to carry the former owner’s personalty to the street before the sheriff would serve the writ. The sheriffs argued that this procedure is consistent with that authorized by Md. Code Ann., Real Property (Real Prop.) § 8-401(d)(1)(i) for the eviction of a tenant after a failure to pay rent action. Thornton Mellon, on the other hand, wanted the sheriff simply to change the locks on the doors and leave it up to the purchaser to dispose of the property left inside. The

sheriff’s policy, the purchasers argued, increased their costs, served as a disincentive to participate in tax sales, and was inconsistent with the statutory regime. Id. at 13.

The weather policy allowed sheriffs to postpone evictions during inclement weather. This practice apparently derived from Real Prop. § 8-401(d)(2)(i), which expressly authorizes district court administrative judges to stay evictions during “extreme weather conditions.” Thornton Mellon observed that there was no such authority granted to sheriffs in tax foreclosure matters, and that the standards for exercising it were vague and uncertain.

Under the 60-day policy, sheriffs refused to serve “stale” writs, or those older than 60 days. Here again there was statutory authority for such a policy in failure to pay rent actions, but no corresponding provision for tax sale foreclosures. See Real Prop. § 8-401(d)(1)(ii).

The Court began its analysis with settled law: “when a state or local public official is granted an express power or given an express duty, that power or duty carries with it those fairly implied powers incident to exercising or fulfilling the power or duty.” Slip Op. at 5. The scope of such implied powers has been liberally construed, but their exercise must be reasonable, and cannot be arbitrary or capricious, inconsistent with or alter, amend, enlarge, or restrict the express powers being administered. Id. at 6. While these powers have been applied to “all manner of officials in Maryland” (e.g., the Comptroller, the Department of Public Safety and Correctional Services, and municipal bodies), “[o]ur courts have not previously applied the fairly implied powers doctrine to sheriffs.” Id. at 7. Thornton Mellon suggested “that because the courts haven’t yet applied this doctrine to sheriffs, courts should refuse to do so.” Id

The Court reviewed the role of a Maryland sheriff, whose colonial roots give it “a foot in each world: ancient and modern; State and local; executive and judicial.” Id. at 9 (emphasis in original). The Court determined that while in many respects the sheriff is sui generis, “we see no reason, and Thornton Mellon has not offered one, why the sheriffs would not be entitled to the same fairly implied powers to which all other public officials are entitled.” Id. “We hold, therefore, that the same analysis applies—when sheriffs are granted an express power or given an express duty, by the General Assembly, the Court of Appeals, or the common law, they are also given all powers that are fairly implied to exercise or fulfill that express power or duty.” Id. at 9–10. Turning to the specific matters at hand, the Court found no problem with the mover policy, which is derived from a procedure mandated by statute when they serve warrants of restitution on tenants. The Court observed that “[w]hile the General Assembly may have chosen not to require that the sheriffs do the same with respect to a writ of possession, we see nothing arbitrary or capricious in the sheriffs choosing to serve writs of possession and warrants of restitution in a similar manner.” Id. at 12. The Court had no opinion on the relative merits of putting the property on the curb, as required by the mover policy, or changing the locks, as preferred by Thornton Mellon: “We cannot say which is the better, nicer, or more humane policy, or which policy will result in more personal items being retrieved by the prior owner and which policy will keep the personal items in better condition. We recognize, however, that the choice between these potential policies is in

the sheriffs’ discretion—not ours—and we cannot say that the choices that the sheriffs of Frederick County, Anne Arundel County, Howard County, and Baltimore City made, were arbitrary or capricious.” Id. at 13

Thornton Mellon’s argument on the weather policy met the same fate. Here, too, the sheriffs argued that they sought consistency with procedures statutorily required in failure to pay rent cases, and to avoid the “inhumane, dangerous and/or impractical” results of moving the former homeowner’s property to the street in bad weather. Said the Court: “This seems obvious to us. Of course, the sheriffs may decline to serve writs of possession during inclement weather, and adopt a policy that says they may do so. The adoption of the weather policy is

Rodney Dangerfield thus earned some fleeting respect, quickly tempered by the Court’s reference to some unsavory aspects of the tax sale process.

a valid exercise of the sheriffs’ fairly implied power.” Id. at 14.

The Court came to a different conclusion with respect to the 60-day policy even though it, too, had an analogue in the failure to pay rent statute. Noting that there was nothing in the tax sale statutes or Rule 2-647 that would cause a writ of possession to expire, the Court concluded that “the 60-day policy is inconsistent with statutory law and the Maryland Rules, therefore, the adoption of the 60-day policy is not a valid exercise of the sheriffs’ fairly implied power.” Id. at 16. “As a result, the 60-day policy exceeds the sheriffs’ fairly implied powers and is invalid.” Id. at 18.

Rodney Dangerfield thus earned some fleeting respect, quickly tempered by the Court’s reference to some unsavory aspects of the tax sale process. The opinion observed that case law describes tax sale purchasers as performing a public service by collecting delinquent taxes at little cost to local taxing authorities. It expressed concern, however, that the process is costly for the homeowner and lacks many of the protections typically accorded Maryland consumers. “Worse still, this burden falls hardest on the poor and the elderly. Nevertheless, tax sale purchasers have a right to participate in this market, and to engage in sharp business practices, at least until a court constrains those practices,” as this very court did in an earlier case involving Thornton Mellon’s alleged use of misleading documentation. Id. at p. 3, n. 3 (citations omitted). As that case is now pending in the Court of Appeals, Caddyshack and Back to School reruns are a certainty.

Baltimore Firm Plays Big Role in Historic USC Settlement

IT WAS A HISTORIC SETTLEMENT that made national news, and one of the major players was a family-run, Baltimore-based law firm: Janet, Janet & Suggs (JJS). In March 2021, the University of Southern California reached an agreement to pay $852 million to hundreds of women who had alleged the University failed to respond adequately to their complaints that a gynecologist was sexually abusing patients at a university health center. The doctor, George Tyndall, is now awaiting trial on criminal charges.1

JJS first became involved in the cases through the efforts of one of the firm’s junior partners, the late Adam Janet, who had just been made a partner in the family firm. When Adam first heard about the potential litigation, he saw an opportunity for the firm to draw on its previous experience in a similar case involving Johns Hopkins University and another alleged predatory gynecologist. Even though these alleged cases of abuse had occurred 3,000 miles away, Adam believed the firm could help. His father, Howard Janet, the firm’s managing principal, agreed.

JJS attorneys are licensed in 10 states, but the firm lacked a significant connection to California. JJS knew they had to partner with an accomplished firm with local knowledge and connections to the area. It also had to be a firm that JJS could work with. The head of JJS’s South Carolina office, Kenneth Suggs, was familiar with Arias Sanguinetti Wang & Torrijos (ASWT) and thought that ASWT could be that firm. The two firms became better acquainted, and both decided that they could indeed work together on the matter.

Howard Janet recalls:

After finalizing our relationship, we jointly implemented a marketing initiative to inform former and current female USC students about: (1) the abuse allegedly carried out by Dr. Tyndall for decades, which appeared to have been enabled by USC; (2) the expertise and experience of JJS and ASWT; (3) our interest in helping them to uncover the truth about the “care” they received; (4) our desire to help them tell their stories anonymously if they preferred; and (5) our interest in litigating their cases.

JJS took the lead in conducting hundreds of interviews with sex abuse survivors. The firm had gained vast knowledge

from its previous work on the Johns Hopkins University case. Howard Janet says:

We concentrated on developing a thorough understanding of: (1) the nature of the misconduct Dr. Tyndall had engaged in; (2) the emotional, psychological, and physical toll it took on his patients; (3) whether and when they had notified USC of any concerns; and, (4) strategies for fighting off the statute of limitations defense that would be raised against the vast majority of Tyndall’s patients, as he had been allegedly abusing his patients for decades.

Andrew Janet took on a leading role in managing JJS’s involvement in the case once he joined the firm in June, 2018. He and the rest of the Sexual Abuse Division (particularly Natalie D’Antonio and Brenda Harkavy, two former sexual abuse prosecutors) prepared complaints for filing, developed the facts and documentation for each of clients’ stories, and helped strategize ways to value and resolve the case while ensuring that the clients’ individual experiences were taken into account—including through fact sheets and impact statements. JJS, ASWT, and other plaintiffs’ and defense counsel each played a role in developing a multi-page questionnaire, known as a fact sheet, that would be answered by claimants pursuing individual cases. Disagreements of course arose, and the final product was approved by the court. Plaintiffs were required by the court to complete the final fact sheet and provide it to the defendants. JJS worked with the clients to complete their fact sheets.

Andrew Janet notes that fact sheets are a critical component of any mass tort litigation. It was imperative that the answers painted a vivid picture of the abuse, and the injuries suffered,

and effectively dealt with potentially dispositive legal issues, such as the statute of limitations defenses.

Conducting such complex litigation on the other side of the continent was made possible by modern technology and the strong relationship JJS built with ASWT. The two firms got along very well. Andrew Janet says it was more difficult to attend court hearings that occurred only in person, but ASWT kept JJS updated on California-based matters. The only minor challenge was the difference in time zones. Andrew Janet says, “we worked very well with them [ASWT] and have since taken on additional projects with them.” Those other projects include the representation of survivors of alleged sexual abuse by UCLA gynecologist, Dr. James Heaps, as well as other individual child sexual abuse cases in California.

The Cases and Process

When JJS and ASWT began their partnership, a high profile class action had already been filed in federal court by several other firms. In May 2018, JJS and ASWT filed a class action complaint in California state court. This original complaint involved 54 plaintiffs. Two months later, the firms began filing individual actions. New clients continued to reach out, and the number of plaintiffs the firms represented grew. Howard Janet says the firms decided that individual cases would likely serve their clients best. In all, they represented 136 plaintiffs. Their effort represented the second highest number of plaintiffs of any of the firms involved.

Statute of Limitations

Because some of the allegations went back decades, some of the plaintiffs faced a statute of limitations issue. JJS prepared to defend the plaintiff’s rights in this regard, and the Janets believe that they would have prevailed if the matter had gone to court. However, that battle was ultimately unnecessary.

JJS and ASWT prevailed in the political arena. The firms were part of an effort to successfully lobby the California State Legislature to approve Assembly Bill No. 1510 (“AB 1510”) which temporarily lifted the statute of limitations on the USC cases. In order to get the bill through, some of the survivors agreed to forgo anonymity in order to share their stories with legislators. The firms coordinated with these willing clients to make it clear to lawmakers that they may be deprived of justice without passage of the bill.

Settlement

JJS and ASWT participated in all group decisions with other plaintiffs’ counsel, including the decision to engage in aggregate settlement negotiations, amounts of demands and responses to offers, progress with discovery, and the status of open legal issues, such as the availability of punitive damages. It should be noted that California permits punitive damages to be awarded based on implied malice, not the more stringent actual malice standard used in Maryland.

The $852 million dollar settlement is being allocated to 710 plaintiffs. The average recovery for each client is $1.2 million, but the exact amount each will receive is subject to an alloca-

tion process that is being conducted by two retired California judges with extensive experience in matters such as these.

With regard to the settlement and its significance, Andrew Janet says,

The USC settlement stands for the rapidly increasing public recognition of the repugnance of sexual misconduct and the devastating impact that it can have on survivors’ lives. The public used to accept, or at least not discuss, sexual assault by people in positions of power and the institutional practice of turning a blind eye to it. But now that scandal after scandal has come to light, from the Boston Globe investigation into Catholic Church abuse to the Me Too movement, the public has

The USC settlement stands for the rapidly increasing public recognition of the repugnance of sexual misconduct and the devastating impact that it can have on survivors’ lives.

accepted that this is a widespread problem that needs to be addressed, and that the victims deserve compensation for what they have endured.

Moreover, doctor/patient relationships are not immune to the possibility of sexual misconduct. Many, possibly most, of Dr. Tyndall’s alleged victims were people who had never been to a gynecologist before, and he would have been able to prey on them because they did not know what to expect from a gynecological exam. JJS has always tried to encourage patients to feel empowered to be their own advocates in medical settings and not rely on assumptions that doctors always have their best interests at heart. Though many doctors do nothing but commendable work, no one should assume that everything a doctor does is appropriate.

In addition, for sexual abuse cases, the parties should not feel that they can rely on the traditional, existing statutes of limitations, because these laws can change rapidly and retroactively. As a result, it is in the plaintiffs’ best interest to not rush to negotiate and settle, as many participants in the USC class action settlement were severely disappointed about the disparity in recoveries after the individual actions settled. Even some firms handling individual actions dropped out earlier and settled for less than we were ultimately able to achieve. Plaintiffs who were patient and lawyers who were willing to do the work ultimately benefited the most. Quick settlements that may produce a quick fee is not the way to go. Hopefully, courts will see the flaws in class settlements such as that reached in USC and refuse to approve them.

BUILDING A LEGACY

Photos courtesy of Beverly Funkhouser Photography

HOWARD JANET HAS had his own law firm for more than 30 years. Its current iteration produced a Baltimore City Circuit Court judge, added a two time South Carolina Lawyer of the Year and former president of the American Association for Justice, and includes two recipients of the Maryland Association for Justice Trial Lawyer of the Year award. They played leadership roles in obtaining settlements of $852 million and $190 million with the University of Southern California and Johns Hopkins Hospital, respectively, for alleged misdeeds of gynecologists in their employ, and $95 million in a whistleblower action that exposed widespread mortgage foreclosure fraud. They have won multiple eight-figure jury awards in medical malpractice cases, and notched victories in over 30 states and the District of Columbia in cases involving legal malpractice, faulty medical devices, toxic torts, and commercial matters. With lawyers admitted in 10 states and D.C., the firm is clearly the top-tier medical malpractice and mass tort litigation practice that Howard set out to build in 1989.

It also became something that he did not anticipate: a family affair. The firm was renamed Janet, Janet & Suggs, LLC (JJS) when Howard’s son, the late Adam Janet, became a partner in 2018. Another son, Andrew Janet, is now a partner at the firm. Howard and Andrew discussed their multi-generational law firm with the MSBA, and reflected in Adam’s contributions to the practice before losing him to cancer in 2019, at the age of 30.

Howard, when you founded the firm did you expect that you would one day be working with your sons?

Neither of them were born when I founded my first law firm. When I formed this firm, Andrew was three years old and Adam was one year old, so I wouldn’t say I was thinking about them joining me at that time. Later on, I thought Adam would go to law school, but didn’t expect that Andrew would as well; he surprised me. After they each made their decisions to join the firm, I could not have been more thrilled and proud to have them working with me.

What drew you in, Andrew?

Growing up, it always seemed like my dad loved what he did for a living. He told us impassioned stories about the cases he was working on, strategies he had

In addition to Andrew and South Carolina-based Kenneth Suggs, Howard’s partners are Giles Manley, MD/JD, Patrick Thronson, and Gerald Jowers, Jr. They have five associates, Natalie D’Antonio, Brenda Harkavy, Stephen Rigg, Roxanne Ward, and Matthew White. JJS attorneys work primarily from offices in Baltimore County and Columbia, S.C., with additional office locations across the country.

“

employed successfully, and great lines he had used in the courtroom or in negotiations. When I was in law school and starting my career, I heard about how depression and similar issues were problems

think he is an exceptional lawyer, and with more experience, he will be even better[.]

As was the case with Adam, I couldn’t be more

What appealed to me were the prospects of helping injured individuals with recoveries that truly make a difference in their lives.

for the legal profession in general, which seemed in stark contrast with my memories of my dad’s enthusiasm for what he did….What appealed to me were the prospects of helping injured individuals with recoveries that truly make a difference in their lives, while also providing financial security for myself and my family.

What have you learned about your father after working with him?

My dad brings many strengths to the practice. There are five key ones: (1) strategic and tactical wisdom, both for cases and for business/managerial issues, that has developed from managing his own firm in this area of law for 40 years; (2) incredible attention to detail and the willingness to work on projects until they are the best they can be; (3) the tenacity and stamina to keep on fighting for the cases he believes in, even if it means rejecting settlements offers that are substantial but still below the value he sees; (4) excellent public speaking skills, both in terms of presenting prepared remarks naturally and thinking on his feet to come up with insights and perspectives on the fly; and (5) the willingness to proceed to trial whenever necessary. I hope to be able to emulate all of those abilities as I continue to cultivate the wisdom and experience to do so.

What does Andrew bring to the firm?

The analytical and communication skills Andrew honed over the years. He has a real knack for producing high-quality written work product on tight timelines; he is able to come up with polished, well-researched analyses much faster than I could. He also has a great deal of compassion and understanding for the difficulties our clients are facing, and I know they appreciate his sympathy and sensitivity to their needs. I

proud of Andrew and I am thankful that he joined the firm and that we can spend more time together.

The Baltimore Sun once mentioned that Adam was instrumental in the firm’s decision to add a sexual abuse survivors section to its practice. Can you elaborate on that and what Adam brought to the firm?

Adam was the catalyst to the firm undertaking the representation of a young executive whose male supervisor enticed him to drink more than he should have at a corporate retreat, and abused him sexually. Adam did not have an opportunity to work on the case, but kept current and the trauma suffered by our client moved him. From that point, he encouraged me to explore taking on more cases on behalf of survivors. Eventually, we created a dedicated sexual abuse division, and brought on board two former sexual abuse prosecutors and a leading attorney in the representation of survivors of sexual abuse by Catholic and other clergy, and the institutions that enabled them.

Adam came to be recognized by Super Lawyers as a Rising Star. Possibly more important is that Adam was recognized for having a heart of gold by clients, family, friends, co-workers, volunteers he worked with in his philanthropic efforts, and others who knew him. Working side-by-side with Adam and ultimately having him as my partner brought me immeasurable joy and pride. We loved discussing cases and business strategies, and just being together.

You must have a strong father-son relationship. Does working with Andrew put a strain on that relationship?

“Working side-byside with Adam and ultimately having him as my partner brought me immeasurable joy and pride.

We both have strong opinions and a desire to make our voices heard, so we certainly have disagreements at times, but I wouldn’t say that strains our relationship. We always keep a sense of the bigger picture. Now that we two are the only remaining members of the family Andrew grew up with, it helps put the disagreements in perspective.

Do you avoid talking shop when you gather as a family?

Honestly, not really. We avoid discussing anything confidential in front of other family members, and we often end up spending time trying to keep Andrew’s kids and Adam’s daughter entertained, but we often end up talking about some issues related to the firm at family gatherings. It’s tough to avoid. There’s a lot that goes into running the firm and we both have our hands in everything to some degree or another. It can be quite consuming.

Howard Janet with sons Adam (left) and Andrew (right).

element of CRIMINAL OFFENSE

For every attorney or judge handling criminal matters, with or without a jury, Maryland Criminal Pattern Jury Instructions provides instructions for virtually every statutory and common law crime, as well as instructions explaining defenses, evidence, parties, and witnesses. Logically arranged and indexed, each instruction is accompanied by updated commentary, notes on usage, and citations to relevant authority. Appendix includes updated Model Jury Selection Questions

BOOK REVIEW: Autopsy of a Crime Lab — Exposing the Flaws in Forensics

Forensic science: the application of of scientific principles and techniques to matters of criminal justice especially as relating to the collection, examination and analysis of physical evidence: FORENSICS (miriam webster.com)

FOR MORE THAN 100 YEARS, prosecutors, judges and juries have relied on fingerprints, ballistics, bite marks and other forensic “science” to convict defendants of the most heinous crimes. More recently, television shows like CSI: Crime Scene Investigation have so ingrained forensics into popular culture that the need for “anti-CSI effect” jury instructions has become a frequent concern at criminal trials.1 But are these disciplines truly science? More to the point, are they reliable, and can those who use them be trusted to testify accurately about their efficacy and limitations?

Consider this:

An Oregon lawyer was detained for the murder of 193 people in a 2004 train bombing in Spain after three FBI fingerprint examiners expressed “100 percent” certainty that his prints matched those on detonators found near the scene. The prints did not, in fact, match. A U.S. Navy crewman served 33 years for rape and murder after six dentists concluded that his teeth matched bite marks found on the victim. They, too, did not actually match. A hair sample from a stocking mask worn in a lethal robbery was identified as belonging to a defendant. Twenty-three years after his conviction for murder, it was determined that the samples came from three other individuals, and a dog. A Massachusetts lab analyst testified that evidence she tested was cocaine when, in truth, it was a cashew.

These are not isolated incidents. To date, post-conviction DNA testing alone has exonerated 350 individuals who served an average of 15 years in prison, largely in cases where forensic evidence was available to prosecutors prior to conviction. In virtually every one of those cases, the experts were wrong.

In his most recent book, Autopsy of a Crime Lab - Exposing the Flaws in Forensics (“Autopsy”), Montgomery County native and Duke University School of Law Professor Brandon L. Garrett explores the many systemic defects that have created “a crisis in forensics.” The book provides post mortem diagnoses for the rampant abuse of “science” in criminal cases,

1 See, e.g., Taylor v. State (No. 2, Sept. Term 2020)(April 23, 2021).

from mistakes made in evidence collection through its analysis and ultimate presentation at trial. The professor prescribes cures for each of these ills — resisted by prosecutors, forensic analysts, and judges — that could prevent existing and emerging technologies from being misused to convict the innocent and allow the guilty to go free. His analysis, informed by nearly 20 years litigating and researching in this arena, may be of particular interest to Maryland lawyers now that the Court of Appeals has adopted what has come to be known as the Daubert standard for the admissibility of expert testimony based on scientific principles.2

by which they reach their conclusions. As Prof. Garrett explained to the MSBA, however, the latter is possible only in the rare instance where defendants are provided the means to secure experts of their own for an independent review of the evidence and the examiner’s methodology. For this reason alone, he says, defendants clearly "need their own experts."

Two additional, interrelated themes permeate the professor’s critique: the absence of known error rates for even the most common forensic techniques (other than DNA analysis), and the reluctance of judges to use tools already at their disposal to exclude or limit the use of questionable science as the basis for expert testimony. Regardless of discipline, Garrett writes, no one has carefully tested the basic assumptions upon which forensic experts rely: “For the most part, we do not know how often analysts incorrectly connect evidence (a false positive error). We do not know how often they miss a correct hit (a false negative report). We do not know how often they deem evidence inconclusive, when it is actually good evidence that can be valuably compared.”5 And from the limited retrospective anal-

For this reason alone, he says, defendants clearly "need their own experts."

Prof. Garrett separately addresses what he sees as “flawed forensics” — problems with the processes and procedures from which conclusions are reached and presented to a jury to convict a defendant, or to a defendant to induce a plea — and equally troubling patterns associated with “failed labs” — laboratories with inadequate quality controls that open the door to human error, manipulation and outright fraud, such as that perpetrated by a Maryland State Police firearms examiner that is still being litigated 14 years after its discovery.3 Backlogs at crime labs, like the one in Baltimore City with 11,000 fingerprint samples awaiting analysis,4 compound these problems by burying exculpatory evidence until long after a conviction is obtained.

The book explores the root causes for these failings which include, for example: a lack of standards to assess the qualifications of lab analysts or to ensure that their equipment is properly calibrated and maintained, and that their results can be verified; prosecutors and judges who let witnesses overstate conclusions and mislead juries with testimony based on flawed statistical analysis; and bias that comes from embedding crime labs in law enforcement agencies. Most of these problems can be overcome by imposing science-based quality control requirements on labs and by careful analysis of the experts’ qualifications and the methods

ysis that has been done by the FBI and others, double digit error rates are common for even the most widely accepted forensic methods.

“The solution is simple,” and dictated by basic scientific principles: “[I]f error rates are unknown and untested, then the evidence should not be allowed in court. If error rates are known and are significant, then the forensics should not be allowed. If error rates are known and not too high, then the expert should disclose them in court, and we can judge the evidence more reasonably.”6

This is where Daubert comes in, at least for cases that are headed for trial, and where Maryland practitioners now have an opportunity to exclude expert testimony based on conjecture or to insist that expert testimony be properly tailored to reflect its true scientific relia-

2 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); Rochkind v. Stevenson. 471 Md. 1 (2020).

3 Hunt v. State, 252 A.3d 946 (Md. 2021).

4 Baltimore Sun, August 24, 2021.

5 Autopsy, p. 66.

6 Id., pp. 74-5.

bility. Under the discredited Frye-Reed7 standard for admissibility, the principal test was whether the scientific technique in question was generally accepted in the relevant professional community. The factors that Maryland judges must now consider to establish reliability and, therefore, admissibility under Daubert/Rochkind have been greatly expanded to include, inter alia: whether the methodology employed by the expert has been tested; whether it has a known rate of error; whether standard procedures and protocols associated with the methodology have been followed; and whether

Meanwhile, when speaking with the MSBA Prof. Garrett offered some advice for Maryland lawyers challenging forensics in the near term. He noted that since judges have been reluctant to reject an entire discipline even if warranted, lawyers should consider making “applied challenges” that ask whether the analytical method employed, whether or not generally reliable, was reliably applied to the facts of a particular case. By focusing on what a specific examiner did or did not do with the evidence in question the attorney may be able to establish that it might not be appropriate to

Prof. Garrett’s research reveals that every traditional forensic technique fairs poorly when tested against these standards.

the expert has unjustifiably extrapolated from an accepted premise to an unfounded conclusion.

Prof. Garrett’s research reveals that every traditional forensic technique fares poorly when tested against these standards. As he explained to the MSBA, however, judges across the country have been reluctant to limit evidence offered by prosecutors in criminal cases, tending to resort to habits formed under Frye-Reed and admit the evidence simply because it has been admitted in the past. Daubert, therefore, has thus far been largely irrelevant in criminal cases.

Whether Maryland judges will fall victim to this pattern as they perform their newly defined gatekeeping duties still remains to be seen. The Court of Special Appeals may have recently laid down its marker to the contrary when it remanded a case to determine whether ballistic evidence previously admitted under Frye-Reed can withstand scrutiny under Rochkind 8

7 Reed v. State, 283 Md. 374 (1978); Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).

allow this person to testify as an expert in this case. When testimony is allowed, the effort can then be directed at placing limits on the expert to prevent assertions that are more aggressive than those warranted by the evidence. It is one thing, for example, to say that a projectile came from a particular type of weapon, but quite another to conclude that it came from a specific gun.

Written for a general audience, Autopsy of a Crime Lab is a quick and accessible read. While not intended as a “how to” guide for lawyers, it nonetheless brims with ideas for challenging forensic evidence at trial, particularly after Daubert/ Rochkind. There is also much in the book to inform attorneys, judges, lawmakers and the general public in connection with their ongoing discussions about criminal justice reform and the expanded use of DNA, artificial intelligence, big data and other technological innovations in both criminal and civil cases.

8 Williams v. Stat, 251 Md. App. 543, cert. granted 2021 Md. LEXIS 487 (Oct. 12, 2021)

Photos courtesy of Beverly Funkhouser Photography

ATTORNEYS THAT START their own firms often hope that their children will one day join their profession and carry on their legacy.

John Nowicki was fortunate enough to have that dream realized when he was joined by his son Tyler at their firm Nowicki & Associates, P.A.

John founded the firm 43 years ago and primarily focuses on business litigation and criminal defense. He was inspired to become an attorney after spending time with the magistrates and lawyers who visited his father’s tavern in Edgemere, Maryland. After graduating from the University of Baltimore School of Law in 1978, he had a judicial clerkship followed by a year working at Turnbull, Mix, and Farmer in Towson, Maryland. He was going to open a branch of Turnbull in Edgemere, Maryland, but ultimately decided to go out on his own. He remained dear friends with his former colleagues, though, and would advise young attorneys faced with similar decisions to follow their dreams but avoid burning bridges.

John advises young attorneys to be dedicated to the law but always consider the client’s best interests and needs.

John has experienced numerous high points over his career, but a few stand out, one of which is trying a criminal case with Tyler before the Harford County Circuit Court. It was the first case they tried together, and Tyler handled most of the trial. One of the defenses they asserted was that a search and seizure that led to the criminal charges was illegal. The court ultimately agreed and ruled in their favor. John is also proud of his tenure as the President of the Baltimore County Bar Association.

John advises young attorneys to be dedicated to the law but always consider the client’s best interests and needs. Along that line, he counsels

them to be direct with clients about the merit of their legal matters and what is feasible regarding their objectives. John would also advise anyone in law school to try and gain as much practical experience as possible. He came from another type of bar experience, his father’s tavern, and would not have known how to open the courthouse door without becoming a judicial law clerk. As such, he believes the exposure to judges, lawyers, courthouse personnel, and cases is invaluable to many young attorneys who lack practical knowledge and will jump-start their careers.

John has found working with Tyler to be better than he could have anticipated. These days, John is ceding more control of the firm to Tyler, who wants to grow the firm and perhaps expand into other practice areas. Tyler has been practicing law for 11 years, which is significant in its own regard but brief compared to John’s decades of

not only benefits Tyler and John from a personal standpoint, but it was also instrumental in helping Tyler learn and grow as a young attorney. In addition to John, Tyler considers the late Judge John G. Turnball, II, one of his mentors. Judge Turnball gave Tyler advice which he would pass along to other young attorneys: keep your eyes and ears open and your mouth shut - take it in and leave. Always remember you don’t know it all and conform to your skills and craft.

Unlike many young attorneys, Tyler hit the ground running and defended clients in two minor traffic cases before The Honorable Sally Chester in the District Court for Baltimore County the day after he was sworn in. It was one of the most memorable moments of his career, and he will never forget her guidance during his first experience at a trial table.

Working together not only benefits Tyler and John from a personal standpoint, but it was also instrumental in helping Tyler learn and grow as a young attorney.

experience. He handles business and contract matters, criminal defense, civil litigation, and personal injury cases.

Tyler and John have a close relationship, and Tyler always wanted to work alongside his father. After Tyler learned that John got to argue for a living, among other things, he knew that a career in was the right choice for him. Working together

In his spare time, Tyler enjoys history and murder documentaries and likes to hike, run, swim and plan tennis. However, his wife recently gave birth to a baby girl, the couple's first child, so his free time is very limited at the moment. Perhaps she, like her father, will on day join the family firm.

The Rapidly Evolving Practice of Law

BY DEAN RONALD WEICH, UNIVERSITY OF BALTIMORE SCHOOL OF LAW

HAPPY 125TH BIRTHDAY

to the Maryland State Bar Association! Much has changed in the world over the last century and a quarter, but the principles that guided Maryland lawyers in the late 19th century remain fundamental today: adherence to the rule of law; respect for democratic institutions and courts; the duty to represent clients zealously within the bounds of professional responsibility.

I hope these venerable ideals continue to inspire lawyers (or the holograms we may become) 125 years from now.

Predicting the future is a risky business, and I certainly won’t attempt to imagine the practice of law in the year 2146. But informed by recent developments and trends, we can peek over the horizon to begin envisioning the legal profession of tomorrow.

While the bedrock values of our profession are constant, the day-to-day practice of law is constantly evolving and the velocity of change is accelerating. The problems lawyers are called upon to solve are increasingly complex, while the technological toolkit available to tomorrow’s lawyer will be more varied and sophisticated than ever. Lawyers must keep pace with advances in technology in order to be effective and successful practitioners.

Some of us are old enough to remember drafting pleadings on yellow legal pads. And who, of a certain age, can forget that oily paper inching noisily out of a fax machine? In our professional lifetimes, word processing and the internet have revolutionized human interaction, including the ways lawyers communicate with clients, colleagues, adversaries and courts.

Beyond email and other now-standard communication functions, technology — especially artificial intelligence — has revolutionized legal and factual research. Law firms that used to hire an army of first-year associates to conduct document reviews now license computer programs to carry out that task more proficiently. Lawyers still manage the process, but fewer are needed for that purpose.

Thankfully, technology will not replace lawyers altogether. Yes, there are computer programs that purport to write briefs, but I predict the composition of a legal argument will never be fully mechanized. Persuasive legal analysis remains an art, not a science, and one best performed by sentient, well-educated human beings. Similarly, software may provide the boilerplate components of a contract, but flesh-and-blood lawyers

will still have a job negotiating and customizing such legal instruments.

The challenge for tomorrow’s lawyer will be to harness the power of technology. Notably, lawyers must grapple with Big Data. Information about the law and legal subjects grows by leaps and bounds every year. Technology permits access to previously obscure doc-

The challenge for tomorrow’s lawyer will be to harness the power of technology.

uments and other materials, and facilitates complex analysis of all manner of trends and patterns in legal realms. Lawyers of tomorrow must be both data- and technology- literate to competently serve their private clients and pursue public justice.

The global coronavirus pandemic that limited in-person interaction for more than a year taught us much about technology. Thanks to Zoom and similar platforms, we learned how to conduct face-to-face meetings with each other in real time without being in the same room — or even the same time zone. The sheer efficiency of such tools will ensure their continued use to some extent even after the virus recedes. Why fly from Baltimore to Chicago to conduct a two-hour deposition when the task can be suitably accomplished remotely and therefore less expensively?

Here again, the goal should be to accept the gift of technology without excessive reliance on it, to incorporate the lessons of the pandemic into post-pandemic law practice without losing the inherent advantages of in-person interaction. There are, and should be, limits to Zoom-based lawyering. Trials should take place in courtrooms, not in cyberspace. Some meetings can effectively transpire on a laptop screen, but others should resume in conference rooms or over a shared meal.

Meanwhile, clients engage lawyers to confront ever more technologically daunting challenges. For example, the private sector now worries about opportunities and liabilities presented by crypto-currencies and cyber-attacks. Legislative advocates for social justice seek evidence-based reforms to untangle the knotty web of structural racism and inequality. Lawyers re-

quire new savvy to keep pace in an interconnected digital world.

The complexity of today’s legal problems increasingly calls upon lawyers to know about more than the law. Criminal lawyers must be fluent in the language of forensic science, including the science of DNA identification. Family law practitioners must be conversant with the scholarship of child development. Transactional lawyers must understand the business models of their high-tech clients.

This is not to say that all lawyers must obtain advanced degrees in subjects related to their practice areas. It may be more sensible to partner with professionals from other disciplines. The growth of such multidisciplinary teams will be a hallmark of tomorrow’s law practice. Rules governing partnerships between lawyers and non-lawyers are evolving in several jurisdictions. Technology has fueled the national economy, causing many legal issues to cross state boundaries. Under the leadership of Chief Judge Mary Ellen Barbera, Maryland wisely adopted the Uniform Bar Exam in recognition that the exam should test universal analytic skills rather than mere memorization of quirks in the Maryland code. At the same time, the growing global economy favors lawyers familiar with international law and transnational legal tribunals.

How has the changing profession changed the delivery of legal education? At the University of Baltimore School of Law, we continually analyze

cyberlaw years ago. More recently, we have introduced courses like Coding for Lawyers (CFL) and the Legal Data and Design Clinic (LDDC). CFL instructs students in the fundamentals of the Python programming language to gain a deeper understanding of algorithmic analysis of legal problems and its limits, while the LDDC sees students advocate for real-world reform in the criminal justice arena using data-scraping tools and principles of information design. One thing that has not changed over the decades is the need for law students to think critically and question deeply.

Indeed, current trends highlight the importance of clinical education, a teaching mode in which UB is a national leader. Hands-on client representation under the supervision of skilled clinical faculty prepares students for the real-world practice of law, including grappling with technology. UB students also have the opportunity to participate in our cutting-edge Center on the Law of Intellectual Property and Technology, which is currently leading a project to consider laws and rules governing autonomous vehicles.

Technology is not the only way in which legal practice is changing. Legislatures, including the Maryland General Assembly, are becoming more serious about addressing the longstanding access to justice gap in landlord/tenant disputes and other civil settings. And tomorrow’s lawyers have a responsibility to defend democratic institutions that are increasingly are under siege, sometimes literally.

We continually analyze the evolution of legal practice to ensure that the education we provide to students prepares them to be effective and successful members of the bar in the decades ahead.

the evolution of legal practice to ensure that the education we provide to students prepares them to be effective and successful members of the bar in the decades ahead. We need to make sure that the education taking place in our state-of-the-art building is as contemporary as the building itself.

Anticipating the technological revolution, we began offering classes in electronic discovery and

As I often tell UB law students, this is such an exciting time to become a lawyer. Today’s “digital natives” are more than ready to put technology to use in service of tomorrow’s clients and to advance justice in a world that hungers for it.

ANTEZANA & ANTEZANA: A Law Firm Built by Latinos for Latinos

Photo courtesy of Beverly Funkhouser Photography

EFFECTIVE LEGAL REPRESENTATION in litigation requires, among other things, a true understanding of a client’s goals and the ability to provide an objective analysis of liability and damages. Clear communication is key, then, not only to establishing a solid attorney-client relationship but also to obtaining a successful outcome. While American jurisprudence grants people the right to pursue civil claims for harm they suffer at the hands of other individuals, far too many people are essentially denied that right due to communication difficulties.

Attorney Alfredo (Al) Antezana, a child of Bolivian immigrants, grew up in the Washington, D.C. area. Throughout his childhood, Al witnessed the overt and subtle ways in which bias and

tially since it began and they now have offices in Gaithersburg, Takoma Park, and Wheaton, areas with significant Latino populations. They were able to expand their client base without advertising, with the exception of a brief stint when the firm began, as the majority of their new clients come to them via referrals from prior clients.

Al credits advice he received early in his career with helping him decide to take the leap to open his own firm: don’t focus on salaries when looking for jobs; instead, concentrate on what will ultimately make you happy. He took that guidance to heart, and it is one of the reasons he chose to advocate for the Latino community in personal injury and workers’ compensation matters.

People working at predominantly English-speaking law firms could not engage in meaningful conversations with the Spanish-speaking members of the Latino community.

language barriers stifle Latinos. When he embarked on his law career, he noticed that the limitations immigrants often face extended into the legal arena, as the people working at predominantly English-speaking law firms could not engage in meaningful conversations with the Spanish-speaking members of the Latino community.

After realizing that there was a great need in the community for counsel who could fully communicate with Latinos in their first language, Al decided to start a bilingual law firm, and opened his own office in 2001. Rebecca Antezana, Al’s wife, graduated from law school around the same time Al began his practice, but was intent on working in business law and was interning at another firm. After she passed the bar, Al persuaded her to change course and join him to form Antezana & Antezana. Today, Rebecca manages the firm and handles personal injury cases. All of the attorneys and staff members at Antezana & Antezana are bilingual, and the firm website offers information in both English and Spanish. Al estimates that over 95% of their clients speak Spanish as their primary language. They handle only personal injury and workers’ compensation matters. Al and Rebecca noted that finding bilingual attorneys with experience in these practice areas can be challenging, as many attorneys who speak Spanish fluently focus on immigration law.

To Al’s knowledge, Antezana & Antezana is the only law firm built by Latinos for Latinos, providing them not only with legal advice, but also an ability to speak their language and an understanding of their culture. The firm has grown exponen-

Rebecca agrees with this sentiment, noting that you spend more time at work than at home, and if you are not happy in your career you won’t be happy in life.

Al and Rebecca have found that the advantages of building a firm as a married couple far outweigh the disadvantages, noting that their only true challenge is separating their roles as attorneys and business owners from their lives as husband and wife. Their practice benefits from their relationship in that they trust one another implicitly and know that each decision they make together is for the good of the firm. They take pride in the firm they have created together and in the personal and professional growth and achievements of the firm’s attorneys, many of whom began working with them in staff positions. When they are not working, Al and Rebecca spend time with their children, who they consider their greatest gifts.

Going forward, Antezana & Antezana will strive to uphold their goal of providing Latinos with legal representation in a respectful and dignified manner, and will continue to seek bilingual attorneys with compassion, patience, and a desire to serve the community, to help them achieve that objective. Their son and daughter, who are 14 and 10 respectively, have already expressed their desire to become attorneys and join their parents’ firm.

Maryland attorneys: Powering

communities

OVER THE LAST 125 YEARS , MSBA has been involved in some of the most notable developments in the legal profession. It’s been home to thousands of lawyers, helped create opportunities for legal professionals, and served the community through partner organizations.

Join us as we celebrate 125 years of service, growth, and impact!

SHARE your MSBA memories at msba.org/125.

SUBMIT a speaker suggestion, content idea, and/or program proposal for the 18-month 125th Anniversary Thought Leadership Series. We will collect ideas on a rolling basis. Learn more at msba.org/125thSeries.

READ Exploring Our Past, Forging Our Future: 125 Years of Change, an all-new digital publication documenting the organization’s historical impact. Available Winter 2022.

REGISTER for the MSBA 125th Anniversary Gala, March 3, 2022, at Maryland Live! Casino at Arundel Mills. Purchase tickets at msba.org/125thgala

Milestones in Agricultural Law

SUBMITTED BY THE AGRICULTURAL LAW SECTION

Agricultural law (agriculture, agribusiness, and aquaculture) permeates almost every other practice area of law, including land use and zoning, conservation, civil litigation, environmental, estate planning, trusts, intellectual property, corporate and business, labor, bankruptcy, and immigration, just to name a few. It is a historic and integral part of Maryland society and the entire United States of America.

FEDERAL, STATE, AND LOCAL regulations impact agricultural law in this State, affecting the advice of legal counsel and the actions of individuals and companies engaged in agriculture-related enterprises. Celebrating the 125th anniversary of the MSBA seemed an opportune moment to reflect upon how agricultural law has developed over the course of the history of this country.

Below is a brief timeline of major agricultural law milestones.

CLEAN WATER ACT, 1972

Requires pollution discharge permits for concentrated animal feeding operations. Agricultural stormwater — runoff from crop fields, for example — and irrigation return flows are exempt from permit requirement. Maryland law requires farms that discharge pollutants to provide the Department of the Environment with notice of intent to discharge and a Comprehensive Nutrient Management Plan.

NATIONAL COTTON COUNCIL, ET AL, V. EPA, 2009

The 6th Circuit held that agricultural pesticide spraying operations are required to have a Clean Water Act permit for application on, or near, federally-protected waters.

EXPANSION OF CHAPTER 12 BANKRUPTCY ON FARM ASSETS, 2017

Congress expanded the applicability of the favorable Chapter 12 tax treatment to both Prepetition and Postpetition sales of property used in a farming operation.

FAMILY FARMER RELIEF ACT, 2019

The aggregate debt limits for family farmers to qualify for Chapter 12 bankruptcy were increased to $10,000,000 from $4,411,400. The change in aggregate debt limits for a family farmer represents the latest congressional intervention on behalf of the American farm community in response to challenging economic conditions and to enable more family farmers to potentially qualify for Chapter 12.

The foregoing milestones offer a brief glimpse into how we strive to regulate and assist agriculture through the law. These milestones also highlight the continued importance of agriculture to modern day society. Governance of the manner and method of agriculture and protecting both the farmers and the surrounding environment while preserving individual rights and encouraging entrepreneurship is the core of agricultural law.

The Evolution of Ethics in Maryland Over the Past Quarter Century

BY AL FREDERICK AND LAUREN MARINI OF ECCLESTON AND WOLF, P.C.

This article will briefly review the evolution of legal professional ethics in Maryland during the last 25 years. The article will focus first on the Rules themselves, then the process for invoking enforcement of the Rules, the Office of Bar Counsel, and lastly, the Court of Appeals.

Twenty-five years ago, the Code of Professional Responsibility was significantly different than the current structure of the Maryland Rules of Professional Conduct which were first adopted in 1987. Previously, lawyers were guided by Canons of Ethics and Disciplinary Considerations; whereas we now have codified Rules of Professional Conduct for Maryland lawyers which have continued to evolve.

The Court of Appeals did not simply adopt the model rules as proposed by the ABA, and accordingly, the Rules in Maryland differ from other jurisdictions in many respects. By way of illustration, Rule 4.2 (now codified as 19-304.2) was modified on November 1, 2001. The Court essentially re-wrote Rule 4.2 in order to provide a ‘bright line’ guide as to when a former employee could be contacted ex parte. Prior to that time the issue was very much unsettled and uncertain.

The evolution of the Rules of Professional Conduct has been and is an ongoing process. By way of a recent example, on June 14, 2021, the Court of Appeals of Maryland approved significant changes in the procedure for attorney disciplinary proceedings. Those changes will be effective on October 1, 2021, and will include, amongst other things, an additional confidential means of resolving an attorney grievance matter. Specifically, the Rules will now include the possibility of a dismissal with a letter of cautionary advice, which will not constitute discipline. The amendments will also permit the Court of Appeals, under certain narrow circumstances, to stay the effect of discipline for lawyers where conditions would justify a stay of the sanction to be entered.

Additional changes to the Rules are currently being considered as our system continues to evolve. A distinguished committee of judges and lawyers for example, is currently reviewing Rule 1.14 (19-301.14). That Rule deals with clients under a disability and will hopefully provide guidance to the Bar as to the proper way to represent a person

in that situation. The Rule as currently drafted is certainly not a model of clarity and in its current form provides little guidance and a great deal of ambiguity. The Committee, under the direction of Senior Judge Patrick Woodward, is considering alternatives to be presented to the Standing Committee on Rules and Procedure of the Court of Appeals of Maryland.

Procedural Changes in the Disciplinary Process

A significant change in attorney discipline took place at the turn of the 21st century. The Court of Appeals, by Order on June 6, 2000, appointed a special committee of judges to draft an alternative proposal to expedite the attorney disciplinary process.

Prior to that time, the prosecution of attorney disciplinary matters was significantly different than at present. Initially lawyers went before inquiry panels made up of lawyers, usually constituted of three (3) members. The proceedings before the inquiry panels were on the record and the Rules of Evidence applied. In short, they were mini trials of the disciplinary complaint. The decision of the Inquiry Panel was reviewed by the Inquiry Board. The Board could adopt the decision of the Panel, reject the decision of the Panel, or remand to the Panel for further proceedings. The Court of Appeals would then review the decisions of the Panel.

The chief problem with the prior system was that it was incredibly slow. Matters were taking as long as six, seven and even eight years to come before the Court for review. The Court decided this procedure was not workable, that it was not fair, and that it did not protect the public.

On November 30, 2000, the Court of Appeals rescinded the old versions of the Rules in Title 16, Chapter 700, and adopted the proposal drafted by Court of Appeals’ Judges Alan Wilner and Glenn Harrell, which now constitute our current Attorney Disciplinary procedures. The revised procedure requires timely responses and disposition of matters. Under the new (now-current) system, when charges are filed against an attorney in the Court of Appeals, the matter is promptly assigned to a Circuit Court judge for an evidentiary hearing and factual determinations, and must be heard by the assigned judge within 120 days of the date of service. Extension of that deadline is only by Order of the Court of Appeals and generally only for good cause.

Prior to charges being filed in the Court of Appeals, the current system allows for peer review as well as review by the Attorney Grievance Commission as to whether to accept the peer review panel’s recommendation, reject

the recommendation, or instruct Bar Counsel to institute charges. The procedure at present is significantly more streamlined than the system’s prior iteration.

As a side bar, during the arguments before the Court of Appeals concerning the adoption of the current procedure, the Bar requested that the Court of Appeals publish all attorney disciplinary cases. Prior to that time, it was the custom and practice of the Court to publish only certain attorney disciplinary cases, but not all. The rationale behind requesting all cases be published was to put lawyers on notice of the disposition the Court was making in attorney disciplinary cases, and to allow a more efficient ability on the part of Bar Counsel, respondent lawyers and their counsel to negotiate dispositions without going through the entire dispositive process. It was hoped that by so doing, the Court’s load in determining disciplinary cases, which is significant, might be lessened.

Changes in the Office of Bar Counsel

The Office of Bar Counsel has also significantly changed in the last quarter century. L. Hollingsworth Pittman was the first Bar Counsel in the State of Maryland. He was succeeded by Melvin Hirshman who in turn was succeeded by Glenn M. Grossman, followed by our current Bar Counsel, Lydia E. Lawless.

The Office of Bar Counsel evolved significantly under the tenure of Messrs. Hirshman and Grossman. The Office added a staff, a paralegal charged chiefly with review of Attorney Trust Accounts and retained lawyers with experience in immigration practice due to the exploding nature of complaints against lawyers in that discipline. Fairly recently, the Office moved from what was shared office space at 100 Community Place in Annapolis to a separate and distinct Office of Bar Counsel now located on Harry S. Truman Parkway in Annapolis.

The Office has continued to evolve under the tenure of the current Bar Counsel. For example, the Office now has a Certified Public Accountant reviewing Attorney Trust Accounts (Charles E. Miller, IV) as well as a trained staff of 11 lawyers and five forensic investigators, who deal with everything from screening potential complaints to trying sophisticated cases on a regular, recurring basis before Courts in the State of Maryland.

Evolution of Decisions by the Court of Appeals

The evolution of decisions by the Court of Appeals has been considerable during the last two and a half decades. Through its decisions, the Court has sent messages to the Bar as to the nature and extent of conduct that is deemed to be utterly intolerable. By way of example, in

2001, the Court of Appeals of Maryland decided Attorney Grievance Commission v. Vanderlinde

A regular recurring theme before the Court then and now is the improper use of Attorney Trust Accounts, whether by accident, inexperience, or otherwise. A variety of defenses have been asserted over the years for inappropriate trust account use, including arguments that the lawyer was simply “borrowing” funds; the lawyer was under a disability such as substance abuse or mental health issues; inadequate training or experience; and, a variety of descriptive terms to avoid the word “theft” with regard to the use of the property of others.

In Vanderlinde, Judge Cathell, writing for the majority, made clear that the Court would not tolerate any removal of funds without reason and cause from an Attorney’s Trust Account nor would it accept co-mingling. The Court indicated in no uncertain terms that the use of alcohol or mental health issues would not be an excuse unless it was the root cause of the problem, i.e. so debilitating that the attorney could not conform his or her conduct to the law or the MRPC. In plain English, if the lawyer knew what he or she was doing, the lawyer was going to be found responsible based on Vanderlinde and disbarred. The case was intended by its author, as expressly stated, to provide a bright line to the Bar.

In the years following the Vanderlinde decision, rulings from the Court of Appeals have not always been as eager to apply a bright line rule. The Court decided Attorney Grievance Commission v. Bell, in which the attorney used his Attorney Trust Account to pay for his Direct TV bill

Although these mitigating factors do not alleviate an attorney’s responsibility, factual circumstances and mitigating factors can result in greatly different sanctions.

and AT&T bill, and wrote checks payable in cash. That lawyer was not disbarred but rather, received an indefinite suspension with right to reapply in thirty (30) days due to the Court’s consideration of mitigating factors, including the respondent’s voluntary corrective action, his lack of intent to misappropriate, and his completion of a course in recordkeeping. Although these mitigating factors do not alleviate an attorney’s responsibility, factual circum-

stances and mitigating factors can result in greatly different sanctions, from a suspension with a right to reapply in thirty (30) days to disbarment, which is what the Court ordered in Attorney Grievance Commission v. Jones. (In Jones the attorney used his trust account to pay for his cable bill, his Client Protection Fund dues and to write checks to his wife, essentially the same violations as in Bell, but unlike Bell the respondent did not cooperate with Bar Counsel nor present any mitigating factors to the Court, and was disbarred).

Likewise, in Attorney Grievance Commission v. Coppola, the respondent lawyer had falsely confirmed that a will and estate plan had been signed by a testator when it had not. The circumstances surrounding the decision to make that false assertion were sympathetic. All members of the family gathered around the testator who, due to medical issues, no longer had the ability to sign her own estate plan. All understood that the prepared estate plan would save the Estate at least $10,000, and the family members begged the lawyer to assist them in putting the plan in effect, indicating that their mother certainly would have agreed to do that had she been medically able. The lawyer reluctantly agreed. Subsequently, one of the children disagreed with the disposition and brought the matter to the Office of Bar Counsel’s attention. The lawyer cooperated in every way possible, regurgitated his fee, was extraordinarily remorseful, and was still disbarred. Yet under circumstances almost identical in Attorney Grievance v. Keating, decided in 2019, the Court did not disbar Ms. Keating, but rather, provided her an indefinite suspension, without any additional mitigating factors in her favor.

From a thorough review of cases over the last 25 years, one thing is certain. The disposition of the lawyer’s fate by the Court of Appeals is fact sensitive. Regardless of the acts or omissions of the lawyer, slightly different sets of facts can result in significantly different outcomes.

In short, while the Rules may have been modified, and the procedure has been streamlined, little has changed over the last 25 years when one considers the disposition of attorney disciplinary matters.

Ethical Considerations for Attorneys Practicing Virtually

I. Virtual Professionalism

A. What is the Virtual Practice of Law?

A variety of "virtual" law practices exist. Many attorneys who practice "virtually" are solo practitioners, but law firms can practice virtually as well. Entirely virtual law firms have no brick and mortar offices, but operate via the Internet and the computers of their attorneys. Some firms operate on a hybrid model, where they have centralized offices, but some or all of their lawyers connect with clients and colleagues virtually. A hybrid virtual law firm may have attorneys that work remotely or in the office, and some that split their time between the two. In cases in which an attorney typically works in an office in one location but occasionally works remotely from a different location, it may be referred to as telecommuting.

The virtual practice of law began before the COVID-19 pandemic, but has increased lately due to client needs, changes in the priorities of attorneys and law firms, and advances in technology. Regardless of the impetus for the recent boom of virtual firms, the remote practice of law in all of its manifestations will likely endure long after the pandemic is over. While all lawyers licensed to practice in Maryland are bound by the same rules, regardless of whether they work in a brick and mortar office or maintain a virtual practice, there are certain things anyone practicing law virtually should consider.

B. Ethical Considerations in a Virtual Work Environment

A lawyer that engages in the virtual practice of law will most likely depend on the Internet to communicate with clients. This can create distinct challenges with regards to upholding the ethical duties imposed by the Maryland Attorneys' Rules of Professional Conduct.

1. Taking Measures to Prevent the Unauthorized Practice of Law

Technology allows attorneys to work from virtually anywhere. They are nonetheless limited to the geographical constraints

The court in Carlton ruled that if a lawyer has an office and is admitted to practice in the jurisdiction where the office is located, the lawyer may work from another location even if they are not admitted to practice in their "home" jurisdiction.

of their license, and must make sure they do not engage in the practice of law in jurisdictions in which they are not admitted, in violation of Maryland Attorneys' Rules of Professional Conduct 19-305.5.

Rule 19-305.5 provides:

(a) An attorney shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) An attorney who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the attorney is admitted to practice law in this jurisdiction.

The virtual practice of law often implicates this rule. An attorney or firm may exist virtually, but the individual engaging in the practice of law has a physical location. As such, attorneys representing clients virtually should take measures to ensure that they do not engage in the unauthorized practice of law in states in which they are not licensed. Generally, rulings addressing the unauthorized practice of law focus on attorneys who either have a continuous and systemic office presence in the jurisdiction, or hold themselves out to the public or otherwise suggest that they are authorized to practice law there.

a) Attorneys Licensed and Working in Maryland While Living in Other Jurisdictions

Lawyers practicing virtually may want to telecommute; in other words, they might wish to have an office in one jurisdiction while regularly working from another location that is situated in a jurisdiction in which they are not permitted to practice law. At least one court in Maryland has determined that this is generally permissible. See In re Application of Carlton, 708 F. Supp. 2d 524 (D. Md. 2010).

The court in Carlton ruled that if a lawyer has an office and is admitted to practice in the jurisdiction where the office is located, the lawyer may work from another location even if they are not admitted to practice in their "home" jurisdiction. In determining that the telecommuting lawyer in Carlton was not engaging in the unauthorized practice of law, the court noted that her correspondence was directed to her office in Maryland, she did not meet clients at her home, use her home address for correspondence, or advertise her home office in any way.

b) Attorneys Licensed in Other Jurisdictions While Living and Working in Maryland

While Carlton allowed a scenario where a lawyer had a home office outside of the jurisdiction in which she principally practiced, courts in Maryland have rejected the converse scenario. See Ramirez v. England, 320 F. Supp. 2d 368 (D. Md. 2004); In re Zeno, 850 F. Supp. 2d 546 (D. Md. 2011). The Ramirez court found that a lawyer who is a member of the Mississippi Bar but not the Maryland Bar engaged in the un-

authorized practice of law when she practiced out of a home office in Maryland.

In its decision, the court noted that the lawyer's letterhead set forth a Maryland address, without indicating she was not a member of the Maryland Bar. Similarly, the Zeno court found that a lawyer whose principal place of practice is in a jurisdiction in which they are not admitted engages in the unauthorized practice of law even if the lawyer is admitted in the jurisdiction where they reside.

There are some scenarios in which attorneys are permitted to practice outside of the jurisdictions in which they are licensed, including working as in-house counsel, pro hac vice admission, temporary and incidental practice, alternative dispute resolution proceedings, and in association with local counsel. Rule 19-305.5 also prohibits Maryland attorneys from aiding other people in the unauthorized practice of law, so if no exemption applies and an attorney believes a colleague is engaging in practice in Maryland in violation of the Rules, they may be in violation of the Rules as well by continuing to work with them.

c) Practicing Before Federal Courts and Agencies

Rules regarding the appearance and conduct of attorneys practicing before federal government agencies may preempt state rules pertaining to the unauthorized practice of law. For example, a lawyer admitted to a state bar and registered to practice before the U.S. Patent and Trademark Office (the Office) can practice before the Office from any state. See Sperry v. Florida, 373 U.S. 379 (1963), in which the Court ruled that Florida had no authority to regulate the conduct of a Florida-based patent agent registered to practice before the Office. Notably, the federal practice exemption does not apply to all types of federal practice or attorneys whose practice includes both federal and state matters. In other words, a New Jersey attorney registered to practice before the Office is not permitted to handle state court cases from an office in Maryland.

A lawyer who constrained his legal representation of clients to matters before the jurisdictions in which he was admitted to practice could not adequately serve them.

An attorney attempting to limit a virtual practice to a discrete area of federal law may encounter obstacles, however. For example, in Kennedy v. Bar Ass'n, 561 A.2d 200 (Md. 1989), the court noted that a lawyer who constrained his

legal representation of clients to matters before the jurisdictions in which he was admitted to practice, thereby drawing a line of demarcation as to what issues he could discuss when advising clients, could not adequately serve them.

In Kennedy, the attorney, who was licensed in Washington, D.C., had an office in Maryland from which he practiced exclusively in federal court.

While the court refrained from stating it was impossible for the attorney to maintain a principal office in Maryland exclusively for engaging in a practice before the federal court in Maryland and the courts in the District of Columbia, it found was not feasible from a practical standpoint. The court further explained that the lawyer would be engaging in the practice of law in Maryland when evaluating whether he could represent clients and advising potential clients of their legal rights, and as he was not admitted in Maryland, such acts constituted the unauthorized practice of law.

See also, Attorney Grievance Comm'n of Md. v. Harris-Smith, 737 A.2d 567 (Md. 1999) (in which the court issued a thirty day suspension for a Pennsylvania lawyer who claimed to work exclusively in bankruptcy law in Maryland whose letterhead listed the Maryland office without explaining the limitation on her license); Attorney Grievance Comm'n v. Ambe, 38 A.3d 390 (Md. 2012) (in which the court reprimanded a New York lawyer for representing immigration clients in Maryland in non-immigration matters).

2. Protecting Client Confidentiality

The Maryland Attorneys' Rules of Professional Conduct require practicing attorneys to protect their clients' privacy.

Maryland Attorneys' Rules of Professional Conduct 19-301.6

(a) An attorney shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by section (b) of this Rule.

(b) An attorney may reveal information relating to the representation of a client to the extent the attorney reasonably believes necessary:

1) to prevent reasonably certain death or substantial bodily harm;

2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the attorney's services;

3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the attorney's services;

4) to secure legal advice about the attorney's compliance with these Rules, a court order or other law;

5) to establish a claim or defense on behalf of the attorney in a controversy between the attorney and the client, to establish a defense to a criminal charge, civil claim, or disciplinary complaint against the attorney based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the attorney's representation of the client; or

6) to comply with these Rules, a court order or other law.

a) Maintaining Client Confidences While Working Virtually

A virtual law practice that depends solely on the Internet for client communication and uses cloud storage for client documents and files may impose specific due diligence obligations with respect to confidentiality.1

Physical limitations created by a virtual practice do not relax the ethical obligation to protect client confidences. To safeguard the attorney-client privilege and meet the duty to maintain confidentiality, a lawyer practicing virtually should ensure that client-related information, including information shared over video conferencing platforms, is not overheard by third parties or by others in the lawyer's household. It is also recommended that attorneys practicing from home offices disable the listening capability of any "smart" devices prior to communicating about confidential client matters.

Lawyers practicing virtually should also ensure that no one else can view or access client files or information by adopting a clean screen or clean desk policy when they are not working. In other words, they should lock their computers or log off when they leave their desks for an extended period of time, and put away any documents, notes, or memory sticks that contain sensitive client information at the end of each day. Similarly, lawyers working virtually should make reasonable efforts to make sure that people in their households who are not associated with their law practice do not have access to their clients' documents or information. The American Bar Association also recommends2 that attorneys and staff members take measures to ensure client information remains protected, such as employing strong passwords, updating software regularly, and preventing unauthorized access of client information on devices used by family members or other people in their household.

b) The Risk of Disclosure Via Blogging and Online Commentary

Lawyers who maintain an online presence via blogs or social media must take care not to reveal information related to the representation of a client unless they are authorized to do so by the client or a provision of the Rules of Professional Conduct.

https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-498.pdf

2 https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-498.pdf

Lawyers comment on legal issues in numerous formats, including online articles, website posts, blogs, podcasts, webinars, online videos, and social media outlets. They also make public remarks in online informational videos such as webi-

As such, lawyers using hypotheticals must take care to structure them so there is no chance of revealing their clients' identities.

nars and podcasts. Lawyers who discuss legal topics in public forums must comply with the Maryland Rules of Professional Conduct, including the Rules regarding confidentiality of information relating to the representation of a client. Specifically, Rule 19-301.6 dictates that a lawyer must maintain the confidentiality of information relating to the representation of a client, unless that client has given informed consent to the disclosure, the disclosure is impliedly authorized to carry out the representation, or the disclosure is permitted by Rule 19-301.6 (b).

The American Bar Association published a formal opinion3 stating that Model Rule 1.6, which is virtually identical to Rule 19-301.6 "applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source." In other words, the scope of protection provided by the confidentiality Rules is far greater than that afforded by the attorney-client privilege.

Thus, unless an exception under Rule 19-301.6(b) applies, Rule 19-301.6(a) bars attorneys from commenting online or in any public forum regarding information related to a representation. Notably, the duty of confidentiality applies despite the fact that information is contained in a public record, such as a court order. The duty broadly covers information related to representation regardless of the source or the fact that other parties may be aware of or able to access the information.

The American Bar Association also stated that an attorney cannot avoid violating Rule 1.6(a) by couching public commentary as a "hypothetical" if there is a reasonable chance that another person could determine the client's identity or the situation in question based on the information included in the hypothetical. As such, lawyers using hypotheticals must take care to structure them so there is no chance of revealing their clients' identities.

3. Communicating with Clients in a Virtual Practice

Maryland lawyers practicing virtually must employ reasonable efforts to keep their clients abreast of the status of their cases and to respond to requests for information in a timely manner.

Maryland Attorneys’ Rule of Professional Conduct 19-301.4 establishes an attorney's obligations with regards to communication, stating:

a) An attorney shall:

1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 19-301.0 (f) (1.0), is required by these Rules;

2) keep the client reasonably informed about the status of the matter;

3) promptly comply with reasonable requests for information; and

4) consult with the client about any relevant limitation on the attorney's conduct when the attorney knows that the client expects assistance not permitted by the Maryland Attorneys' Rules of Professional Conduct or other law.

b) An attorney shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Many attorneys use social media sites, like Facebook, Twitter, Instagram, and LinkedIn to advertise and communicate with clients and potential clients. Indeed, many professionals use social media as their primary means of communication. Some attorneys communicate with clients via text messages as well. Pursuant to Rule 19-301.4, when choosing among the various methods of communication, such as mail, phone, text, social media, and video calls, lawyers must consider their clients' ability to effectively utilize technology. Further, people often use informal language and abbreviations when using social media or texting, which can lead to confusion and misunderstanding. Such communication also raises concerns regarding the security of the transmission, particularly with regards to protecting the attorney client privilege. It can also be difficult to confirm if a party received a message, and people may miss critical information. As such, it is generally better to avoid communicating with clients via social media or text.

3 https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_opinion_480.authcheckdam.pdf

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ATTORNEYS, SISTERS, ALLIES

In February of 2021, Jennifer C. McManus and Kristen M. Lohmeyer opened Ally Legal Planning, a firm based in Columbia, Maryland that focuses on estate and special needs planning, estate and trust administration, and elder law. McManus and Lohmeyer are not only business partners, they are also sisters. While family ties are a source of stress for many people, the opportunity to work together was one of the factors that motivated McManus and Lohmeyer to start their own firm.

Photo courtesy of Beverly Funkhouser Photography

MCMANUS AND LOHMEYER ultimately ended up at the same place, but they took different paths to get there. McManus always knew she wanted to work in a profession where she could help people. After graduating from the University of Maryland, she decided to start working in law firms, first as a secretary then as a paralegal, to figure out if she wanted to be an attorney before deciding to go to law school. After working for several firms, McManus knew she wanted to go the distance and enrolled in the University of Maryland School of Law.

Lohmeyer took a more practical approach to choosing a career. She graduated from York College of Pennsylvania with a degree in business administration and took an entry-level position at a healthcare company. She immediately knew that it would take years to work her way up to the top of the company and decided to go enroll in the University of Baltimore School of Law and become the person who could advise those people at the top and significantly reduce the amount of time it would take her to get there.

McManus and Lohmeyer both practiced law for over a decade before deciding to unite and start their own firm. After working in estate planning for several different law firms over the course of her career and being subjected to other people’s ideas about the right way to do things, McManus knew she wanted autonomy to make her own decisions and direct the growth of her estate planning practice.

Lohmeyer noted that while McManus would often joke about starting a firm together, the pandemic gave her the extra push she needed to take the leap and join McManus to start Ally Legal Planning. She thinks COVID-19 inspired a lot of people to realize that things they believed were secure were not, and she did not want to spend any more time wondering what might happen.

Lohmeyer started her legal career as a litigator and working with small and medium-sized businesses throughout Maryland. When she got to know business owners on a personal level, she learned that their companies often represented their life’s work and were a key part of their legacy. This inspired her to redirect her focus to estate planning, so she could help business owners pass on the entities they worked so hard to create to future generations.

While many attorneys default to the tradition of naming their firms after themselves, McManus and Lohmeyer knew they did not want their names on the door because that did not represent the reason they got into law. Instead, they wanted a name that represented who they are and how they approach their client relationships. They considered and rejected a bunch of terms before their nephew suggested “ally.” They instantly knew it exemplified how they feel about the work they do, and so they selected it for

their firm name. They consider themselves allies of their clients, and rather than forcing them into a particular plan McManus and Lohmeyer take the time to learn what is important to their clients and provide their advice accordingly. They align their experience with their clients’ personal lives to create the most effective plan and align with their clients’ accountants and financial advisors to ensure the plan will address all of their needs.

Rather than forcing them into a particular plan McManus and Lohmeyer take the time to learn what is important to their clients and provide their advice accordingly.

Family is important to Jennifer and Kristen — while they are the only members of their family that work together, their entire family is close, a rarity these days. They all live within fifteen miles of one another, and for the past five years, have been getting together once a month for family dinners. It was at one of these dinners that their nephew proposed “ally” as the name for their firm. During the pandemic, they switched the dinners to gatherings on the porch (with heaters in the winter).

Their family first mindset extends to their practice. McManus stated that they treat clients like part of their family, instead of merely viewing them as customers who paid them for their services. They are in the business of helping people handle challenging situations and want to empower their clients to set up estate plans that will improve their lives. This requires them to ensure that their clients are comfortable trusting their advice with regard to estate planning options. Lohmeyer agreed with McManus, stating she believes that the personal interest they take in their clients sets them apart from other firms.

THE MARYLAND JUSTICE PASSPORT: Technology Helping Marylanders Find Civil Legal Aid

BY SARAH COFFEY BOWES, EXECUTIVE DIRECTOR, CIVIL JUSTICE

ALEXA

JOSEPH

BERTINELLI, ESQ., MANAGING ATTORNEY, CIVIL JUSTICE

SCHIEFFER, FOUNDER & CEO – A2J TECH

Marylanders searching for affordable legal assistance face a complex network of court, non-profit and private legal services providers. For those who cannot afford the fees typically charged by private attorneys, they may face high-stakes legal matters, such as the loss of a home to foreclosure, custody of a child, or garnishment of wages, alone. A new initiative in Maryland, the Maryland Justice Passport, uses technology to connect Marylanders with effective legal help.

The Need in Maryland

The need for access to affordable legal assistance is great. A 2017 study found that 71% of low-income American households experienced at least one civil legal problem.1 Demand for services at the Maryland Court Help Centers (“the Court Help Centers”), provides insight to the need for affordable help here in Maryland. Offering extended hours and free services without income qualifications, the Court Help Centers serve as a convenient on-ramp for Marylanders seeking help with their civil legal problem. Attorneys at the statewide network of court-based centers provide brief advice in-person and remotely in a broad range of legal matters. In Fiscal Year 2020, the Court Help Centers provided more than 140,600 instances of service.2 In June 2021 alone, the Centers received over 11,000 requests for help including:

• 8,391 phone calls,

• 1,091 live chat sessions, and

• 1,633 visits to walk-in locations.3

While brief advice is readily available in Maryland, data shows that few Marylanders can obtain legal help beyond brief advice. For example, in FY’20, at least one party was unrepresented at some stage of 83% of Maryland domestic cases.4 Unfortunately, one of the most common reasons that low-income Americans do not seek legal help is because they do not know where to look or are unsure of what resources might be available.5

Thankfully, in Maryland there is a robust network of more than 40 legal services organizations providing free and affordable assistance to Marylanders of low and moderate incomes. As our legal services ecosystem has evolved, however, each organization has developed its own intake procedure and case management system. Unrepresented persons seeking assistance from those organizations must apply to each individual organization for assistance. Litigants, struggling to find time between work and childcare and other responsibilities, can become frustrated and overwhelmed by this process, often losing track of which resources they’ve already contacted. Given the high-stakes nature of their legal problems, these Marylanders may also be retraumatized from having to re-tell their stories over and over.

Maryland’s diverse network of legal services providers is not unique. Both here in Maryland and throughout the country — advocates are working to improve how the unrepresented find effective legal assistance efficiently. Technology efforts in Minnesota, Washington, D.C. and here in Maryland offer potential solutions.

A 2017 study found that 71% of low-income American households experienced at least one civil legal problem.

Coordinated Intake Efforts

In order to help unrepresented parties successfully navigate the wide range of legal services options available to them, Washington, D.C. and Minnesota are undertaking efforts to coordinate intake across their jurisdictions. While the effort in Washington, D.C. is in its infancy,6 Minnesota’s effort is progressing to maturity. By funneling intake for all service providers through one location, access to justice advocates hope to make the full range of legal assistance available to the unrepresented through a central location.

In 2017, Minnesota released the “Analysis of the Civil Legal Aid Intake Infrastructure in Minnesota Final Report.”7 This report was prompted by Chief Justice Lorie S. Gilead’s directive that the Legal Services Advisory Committee (LSAC), which makes grants to legal services programs, to investigate coordinated intake amongst legal services organizations.8 One of the report’s recommendations was:

Staged development of a centralized capacity through which persons with legal needs can access the system and be transferred to an appropriate source of help, or be told at the earliest opportunity if no assistance is available.9

By the end of 2020, Minnesota’s legal services community had

1 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans 22 (2017).

2 https://mdcourts.gov/sites/default/files/import/accesstojustice/pdfs/srlreportfy20.pdf, pg. 2.

3 https://www.mdcourts.gov/html/pdfs/atjdashboard.pdf - visited August 5, 2021.

4 https://mdcourts.gov/sites/default/files/import/accesstojustice/pdfs/srlreportfy20.pdf, pg. 7.

5 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans 33 (2017).

6 https://www.dcbarfoundation.org/strategic-framework.

7 https://www.mncourts.gov/mncourtsgov/media/scao_library/documents/Minnesota-intake-study-Final-Report-6-14-17.pdf.

8 https://www.mncourts.gov/SupremeCourt/Legal-Services-Advisory-Committee.aspx.

9 https://www.mncourts.gov/mncourtsgov/media/scao_library/documents/Minnesota-intake-study-Final-Report-6-14-17.pdf, pg 24.

employed technology to:

• Complete the transition to a single, statewide, case management system;

• Complete a centralized telephone intake pilot project;

• Refine a statewide legal referral policy; and

• Create a fully integrated online intake system.10

Efforts in Minnesota to improve access to legal services are further supported by the state’s recent kiosk project. Minnesota’s Legal Kiosk Project, an initiative of the Minnesota Legal Services Coalition, rolled out over 270 legal kiosks across the state to address the digital divide exacerbated by the pandemic and disproportionately impacting the communities serviced by legal aid.

Legal kiosks are stationed in a variety of court, library, service provider agencies, and other non-profit locations to give communities access to civil justice. Legal kiosks provide Minnesotans without wifi or technology at home a place to access information and services. They can apply for free legal help, fill out forms, and attend virtual court hearings or meetings with an attorney. Since legal kiosks are essentially computers connected to the internet, users of the kiosks can browse topics on LawHelpMN, the statewide law help website, check their email, and other functions that may not be considered strictly legal, such as applying for jobs.11

The Maryland Justice Passport

Here in Maryland, advocates are developing technology to empower unrepresented litigants to successfully navigate the legal services delivery system. Currently, the Maryland Judiciary is funding the development of the Maryland Justice Passport (“the Passport”). The Passport is a trauma-informed digital portfolio where Marylanders can:

• Store a case summary;

• House important case documents and evidence in one digital location;

• Keep track of dates and deadlines and which organizations they have contacted; and

• Maintain and update tasks associated with their legal issue. In addition, litigants can grant legal services organizations temporary access to their Passport, so that intake staff and legal advocates can easily access their documents and case information. Further, when an organization uses the Passport to refer the litigant to another provider, the system can notify the receiving provider of the referral.

The Passport is being developed by Civil Justice, Inc. (CJ), a Maryland legal services non-profit committed to increasing access to justice. CJ has partnered with A2J Tech, a Colorado-based social enterprise that builds technology to improve access to justice. Led by Joseph Schieffer, A2J Tech is primarily

10 https://www.mncourts.gov/mncourtsgov/media/scao_library/documents/Annual-report-FY18-FINAL.pdf.

11 https://www.legalkiosk.org.

responsible for designing and implementing technology enhancements on the Passport.

The Passport:

• Can be created by a litigant or by a service provider on the litigant’s behalf;

• Once created, remains in the control of the litigant;

• Can be continually updated with new information, documents, dates, and deadlines;

• Can be shared by the litigant with other legal services providers who can review the information and documents in the litigant’s Passport; and

• With the litigant’s consent, notifies organizations that the litigant is being referred to the organization.

The Passport team currently partners with several legal and social service organizations who are creating Passports for their clients and receiving referrals via the Passport. The organizations provide valuable feedback and recommendations for enhancements that will make the Passport more powerful. Current collaborators include the Maryland Center for Legal Assistance (MCLA), Community Legal Services of Prince George’s County, and Consumer Credit Counseling Services of Maryland and Delaware, Inc. In addition to existing partners, the Passport team hosts quarterly stakeholder meetings for organizations who are interested in learning more about the Passport and staying updated on the project’s progress. Attendees from more than 10 other Maryland organizations as well as representatives from the National Center for State Courts regularly attend the quarterly meetings.

Legal issues rarely exist on their own and Marylanders often need non-legal assistance to help resolve the total issue. Further, many people often struggle to recognize that their problems have a legal dimension and non-legal professions therefore play an important role in connecting them to legal resources.12 The Passport has shown its value as a tool to refer litigants to and from other services. For example, Consumer Credit Counseling Services of Maryland and Delaware, Inc., uses the Passport to refer clients for legal assistance, and accepts clients for financial counseling via the Passport, as well.

Currently, the Court Help Centers are creating an impressive number of Passports. At the close of July 2021, 321 Passports have been created for Marylanders

Legal issues rarely exist on their own and Marylanders often need non-legal assistance to help resolve the total issue.

seeking additional legal assistance. As eviction and foreclosure moratorium lift, the Passport team believes that the volume of Passports will continue to increase. Anticipating a surge in demand for foreclosure-related services, the Passport team is working with Maryland’s network of housing counseling services providers to determine how the Passport can support services for financially-distressed families in danger of losing their homes. The Passport, which can house a case summary and essential documents such as court pleadings and servicing agreements, can dramatically improve the ability of Marylanders families to efficiently navigate a range of foreclosure-related services, and reduce precious time that might be lost re-telling their stories and sorting through mountains of paperwork.

Should you have questions about the Maryland Justice Passport please visit Mdjusticepassport.org or contact sbowes@civiljusticenetwork.org.

12 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans 33 (2017); Tanina Rostain, Techno-Optimism & Access to the Legal System, 148 Daedalus 95 (2019).

Civil Legal Aid in Maryland: History and Relevance Now

BY THE MARYLAND ACCESS TO JUSTICE COMMISSION

When Maryland’s leading lawyers and chief judge issued their pro bono call to action earlier this summer, asking the state’s 40,000 lawyers to assist their most vulnerable neighbors in the wake of the pandemic, they invoked something above and beyond everyday lawyering. Something ancient. Something noble. Something special about the role of the attorney: that stuff from which our oaths are woven and breathed from generation to generation: justice. It is that internal, flaming desire to help “the powerless and the voiceless,” as Maryland Legal Aid Bureau’s executive director, Joseph Wilhelm, Jr., says, that has propelled not only the recent call to action, but generations of legal services attorneys and volunteers.

“REAL JUSTICE, THE AIM,” proclaimed the Baltimore Sun in September 1911 , announcing the establishment of the Legal Aid Bureau of the Federated Charities — the forerunner of what would become the Maryland Legal Aid Bureau (MLAB). The newspaper hailed the organization’s promise to defend the rights of the poor. “Interests of those unable to pay lawyer’s fees will be zealously guarded,” the Sun declared.

This was not the first such organization in the country; other major cities, such as New York and Philadelphia, had already established legal aid bureaus, and the concept was rapidly spreading through the nation. Similarly, this was not Maryland’s first legal services organization; a Baltimore “Jewish charity” had been providing services to members of its community for some time.

The early twentieth century was a time of increasing advocacy for the plight of the poor and related social justice issues. It was the era of Ida B. Wells, Mother Jones, W.E.B. DuBois, Alice Paul, Upton Sinclair, and other progressive activists, writers, and thinkers. It was also an era of tremendous immigration and urban growth, and challenges to immigration and growth. Immigrants who did not speak English often found themselves severely disadvantaged in their new country, including in its legal system — a

creature of which they often lacked both cultural and linguistic understanding. Indeed, attempts to access justice could provoke additional problems for the poor: the Sun complained in July 1911 of the most vulnerable residents being abused by “shyster lawyers.”

The barriers posed by poverty and language difference — and their consequences — cannot be overstated. One Italian immigrant who, like countless others, was recruited “fresh off the boat” for dubious mining and quarry projects further inland, found himself charged with murder after a fatal tavern fight in Washington County. Accused of shooting a Baltimore and Ohio Railroad employee near the Harpers Ferry crossing, the man faced severe penalties if found guilty. Newspapers noted he spoke no English; his very name could not even be understood and recorded correctly by the American press or police. His only hope of understanding his rights, communicating his defense, or comprehending anything that was happening to him: a fellow immigrant working at the quarry, who spoke just a few words of English. Unsurprisingly, he was convicted.

The “Spencer’s Tavern” murder case drew much press at the time, becoming a rallying cry for the prohibition of alcohol in neighboring West Virginia. Lost to history, however, are the countless tales of abused spouses, stolen wages, and unjust collection practices that plagued the most vulnerable members of Maryland society. If these persons even fathomed potential legal rights and remedies for their situations, one cannot imagine they fared any better in accessing the justice system effectively.

“In many instances the persons affected have not been in a position to bring their troubles to the proper authorities, and the evil, rather than decreasing, has been allowed to increase.”

“For years complaints have been made of the manner in which poor persons are literally robbed of their savings,” the Sun reported in July 1911, discussing the need for a legal aid bureau. “In many instances the persons affected have not been in a position to bring their troubles to the proper authorities, and the evil, rather than decreasing, has been allowed to increase.”

After investigation by the Baltimore City Bar Association and the Federated Charities, the decision was made to raise a defense to that “evil.” The Legal Aid Bureau was established, and it had its work cut out for it.

Civil Justice, Civil Rights

As the twentieth century ticked forward, it became apparent that aiding Maryland’s poor meant aiding a population that was disproportionately nonwhite. By 1939, more than 50% of the Legal Aid Bureau’s clients were African American.

Still, segregationist policies reigned throughout several aspects of midcentury Maryland society, including the bar. The Maryland State Bar Association did not admit its first members of color until 1960, and then, only after a debate filled with much vitriol in which an “avowed segregationist” claimed a desegregated bar would result in “white genocide.” The Legal Aid Bureau itself declined to accept volunteer African American attorneys; a mid-1930s board meeting notes it was determined such an act would “not be in the Bureau’s best interest.” It was not until 1939 that African American attorneys were welcomed to the bureau, and over a dozen years would pass before an African American would be appointed to the bureau’s board. Whether it was the diversification of the bureau, or of the bar, or of broader society itself, legal aid services became more sensitive to their civil rights connection. MLAB director Joseph began his career in the thick of the Civil Rights movement as a student and young lawyer in Mississippi. Likewise, challenging poverty and racial inequity has been the joint mission of the Baltimore-based Public Justice Center since its founding in 1985. Today’s Access to Justice Commission, in conjunction with the Attorney General, has directly addressed race equity issues exacerbated by the COVID-19 pandemic. The COVID-19 Task Force discovered persons of color were more likely to be subjected to debt collection, eviction, and job loss resulting from the pandemic, along with many other civil justice matters.

In 1966, the bureau began receiving funding from the federal Office of Equal Opportunity’s Legal Services Program — an office born from the 1964 Civil Rights Act. Federal funding allowed the bureau to finally expand beyond Baltimore City and establish offices in Anne Arundel, Carroll, and Harford Counties. By 1980, the bureau had offices in every region of Maryland. In addition, Marylanders benefited from law school clinics, traditional private pro bono service, a program dedicated to serving the differently abled, and other bourgeoning legal services.

Politicians supporting the broader Civil Rights movement tended to be friendlier to legal aid budgets; veteran legal

services professionals recall the boon of funding available during the Carter administration. By 1981, the total federal budget for legal aid services was over $320 million.

The veterans also remember the backlash that followed.

The Reagan Reduction

“They wanted to zero out legal aid,” said Susan Erlichman, retiring director of the Maryland Legal Services Corporation (MLSC), describing the efforts of the Reagan administration and other conservatives to slash legal services for the poor from the federal budget. Federal legal aid funding had been the primary source of income for Maryland’s legal services programs. With that source teetering on collapse, Maryland advocates quickly began to maneuver alternative solutions.

MLAB began coordinating with MSBA to rally the private bar to engage in pro bono services. The Maryland Volunteer Lawyers Service was established to provide a point of recruitment and training for pro bono attorneys. Proposals for mandatory pro bono service were suggested by MSBA members; this measure never became rule, however. MSBA continues to encourage attorneys to voluntarily contribute their time and expertise.

“Reduction of federal funds has diminished the legal services provided by the existing statewide legal services programs.”

Erlichman’s organization, MLSC, was another response to the funding threat. Founded in 1982 by an act of the General Assembly, its purpose was to raise funds and distribute them to nonprofit legal services organizations in Maryland. “There is a need to provide equal access to the system of justice for individuals who seek redress of grievances,” noted the act’s statement of legislative intent. “Reduction of federal funds has diminished the legal services provided by the existing statewide legal services programs.” Lawmakers contended it was a critical issue, stating, “The availability of legal services reaffirms faith in our government of laws.”

Initially, MLSC’s chief funding was the interest from IOLTA accounts — which, by the way, were entirely voluntarily. Attorneys were not required to participate or contribute anything whatsoever. Mandatory participation and contribution did not occur until 1989. The result: between 1988 and 1990, IOLTA-based income increased more than five-fold.

Longtime access to justice advocate and commissioner Herb Garten attained presidency of MSBA in 1989, and made pro bono service a priority of his tenure. The Maryland Pro Bono Resource Center (PBRC) was created by MSBA in 1990, centralizing the organization’s pro bono efforts.

Storms

Ask veteran legal services professionals about the challenges they have encountered, and they invariably laugh.

“Oh! Have there been storms?” Joseph quips in mock surprise.

Erlichman acknowledges the multiple crises with a smile as well, but notes, “I couldn’t have [navigated them] by myself.”

The 2008 recession, various budget reductions, and an ever-growing demand for services have routinely challenged leaders like Joseph and Erlichman to think creatively and diversify their resources. The 2020 pandemic, however, dealt a blow unlike any other. MLSC lost more than 70% of its income as IOLTA funds, court filing fees, and donations dwindled during the lengthy court closures. Advocates were able to achieve additional legal funding from Maryland’s governor, but the issue has remained tense.

To meet the demand — or as some would say, the duty — two points have remained at the forefront of strategy for generations. First, to increase civil legal aid funding. Second: cooperation with the private bar.

The rallying cry, also, has remained the same: REAL JUSTICE.

“The Legal Aid Bureau….has a great work ahead of it,” the Sun pronounced in November 1911, “and, managed as it is by able, intelligent counsel, it should measure up to this work. But funds are necessary, if it is to fulfill its obligations. Every citizen, and more especially every lawyer, having the welfare of his city [or state] at heart, should lend a helping hand.”

A2JC Update: Key Priorities for the Upcoming Year

A2JC exists to ensure civil justice for all in Maryland. We do this by uniting leaders and taking a bird's-eye view of the entire civil justice system, working on issues that cut across organizations and substantive areas.

FOLLOWING

UP ON A SUCCESSFUL

high-level partnership with the Attorney General and a successful legislative session, where we assisted in the passage of 19/41 bills that resulted from the approximately 60 recommendations in the Maryland Attorney General’s COVID-19 Access to Justice Task Force final report, A2JC is now focusing on implementing major initiatives that have resulted from the Task Force report and its own Strategic Plan.

Civil Legal Aid Funding

COVID-19 is a health, economic and civil justice crisis. Almost immediately after COVID-19 hit, funding for the entire civil legal aid community plummeted by 70%. Civil legal aid funding in the state primarily comes from the Maryland Legal Services Corporation, whose funding is largely dependent on interest rates (which fall during economic distress, as demand for services increases) and on filing fees. A2JC strenuously and successfully advocated for emergency funding from the Governor and the legislature and was successful in securing over $20M in funding to shore up the delivery system. A2JC is now convening and working with stakeholders to develop and initiate a strategy for public funding to support the civil legal aid delivery system.

Right to Counsel/Access to Counsel

A2JC heavily advocated for the passage of one of the key recommendations coming out of the Task Force report, i.e. right to counsel in eviction proceedings. Eviction is not only a housing issue, it is a complex civil legal issue. COVID-19 propelled an already robust nationwide movement to get people legal representation in eviction proceedings.

In Maryland, there are an outstanding number of rent court cases — over 650,000 — which are the primary driver of evictions. Tenants in rent court are represented only 1% of the time, compared to landlords who are represented 96% of the time, even though studies show that legal representation is the key to making or breaking the case and that those with representation avoid disruptive displacement 96% of the time. Moreover, investing in right to counsel is cost-effective, as it saves the state money in shelter and health costs and is effective in promoting equitable educational outcomes.

Effective October 1, 2021, the state of Maryland now has an access to counsel in evictions law. The law remains an unfunded mandate. A2JC convened stakeholders, including the Attorney General’s office, legislators, funders and civil legal aid organizations, in advocating for the Governor and county leaders to fund the access to counsel program. Reena Shah, ED of A2JC will also serve on and take a leadership role on the state’s legislative Task Force to implement the access to counsel.

At the same time, Baltimore City has passed and is poised to fund a right to counsel in evictions program. We are among stakeholders working to develop an implementation strategy for the program. Considerations include intake, referral, outreach, data & assessment and more.

Pro Bono Call to Action

One of the key recommendations coming out of the Task Force report is to herald a high-level Pro Bono Call to Action to spur all attorneys in Maryland to take at least one pro bono case or dedicate a certain amount of pro bono hours to assist with the deluge of cases we expect in key areas, including housing, consumer, family and public benefits. A2JC is convening and coordinating high level partners, including the judiciary, the Attorney General’s office and the MSBA to effectuate this call. A press conference was held on July 1 to launch the call to action. Now, work continues to promote the call. A2JC is working with the MSBA to launch an awareness-raising campaign over social media and will start outreach to law firms and corporations to ensure the call is a success.

Public Awareness & Communications

Maryland Voices for Justice

A2JC has recently launched Maryland Voices for Justice, an initiative to increase communications and public awareness about the barriers and solutions in the civil justice system. This initiative is modeled after the national organization, Voices for Civil Justice. National research shows that while the public and decision-makers broadly support the rule of law and the value that civil justice is a right and not a privilege, that awareness about the role of civil justice in our society is very limited. After a year-long Strategic Planning process with all relevant stakeholders in the civil justice system, the number one strategic imperative identified through the process was initiating a Maryland-specific program that seeks to build a communications infrastructure to support sustained traditional and social media communications to raise public awareness and drive substantive advocacy.

Law on the Frontlines

Another aspect of the A2JC’s work is to train non-lawyer information specialists about how to conduct effective legal reference referrals so that Marylanders can find the help they need in the civil justice system. For the past four years, A2JC has partnered with the Maryland Law Library and the Conference of Law Librarians to train over 600 public librarians and paraprofessional library staff in legal reference. A2JC is looking to expand this training to other non-lawyer information specialists. It has started conversations with United Way’s 211 and the Maryland Judiciary’s Court Help Centers to forge a new partnership and training program to ensure effective legal information referrals, so that Marylanders are directed to the help they need.

Data & Legal Technology

The lack of civil justice data is in itself a barrier to the civil justice system. Before A2JC’s development of civil justice data tools, there was not a simple way to access civil justice data in key policy arenas, like housing or public benefits. Over the last 18 months, A2JC has developed several civil justice data tools that help us collect civil justice data in one place, track data for trends and visualize data to identify hot spots and areas of need. A2JC has worked to develop a civil justice data dashboard and a story map tool that displays statewide data and allows you to compare county-specific data. A2JC is also working to bring appropriate legal technology to scale in helping Maryland use legal technology appropriately to meet the demand for legal services.

Giving Back is the HEARTBEAT of the Legal Profession

COVID-19 has been brutal, especially for the most vulnerable Marylanders. They need your help to navigate their legal issues in the civil justice system.

Proud to promote justice and serve as the home of the legal profession for 125 years.

Pro Bono Call to Action

COVID-19 created a health, economic and civil justice crisis. YOU can help abate that crisis.

THE MARYLAND JUDICIARY, Maryland Attorney General, Maryland State Bar Association and Maryland Access to Justice Commission are joining forces to deliver an urgent pro bono call to action. We strongly urge every attorney in Maryland to take at least one pro bono case or provide a designated number of pro bono service hours over the next year to help in the areas with the most acute need, namely housing, consumer, public benefits or family law.

As we emerge from the coronavirus pandemic, too many Marylanders continue to face extraordinary challenges in virtually all aspects of their lives – challenges that often escalate to legal conflicts that only the civil justice system can resolve – like landlord-tenant or debtor- creditor issues and more.

Even before the pandemic, nearly 80% of Marylanders with civil legal problems could not get the help they needed and were forced to navigate the complex civil justice system on their own – with severe consequences. Now, the surge in civil cases as a result of the COVID-19 pandemic is expected to be staggering.

At the height of the pandemic, the Maryland Attorney General partnered with the MSBA-backed Maryland Access to Justice Commission to create a COVID-19 Access to Justice Task Force to contend with the impact of COVID-19 on the civil justice system. After 6 months of work, in its final report, Confronting the COVID-19 Access to Justice Crisis, one of its key recommendations was to have a “coordinated call to action to increase pro bono services to respond to the spike in civil legal needs arising from the COVID-19 pandemic.”

Marylanders fare much better when they navigate the civil justice system with the help of an attorney. As attorneys, your skills and talents can make the difference between a person losing their home, having food on the table or keeping their family safe.

We are sensitive to the fact that the pandemic is still ongoing and your personal risk assessment in relation to it may complicate your ability to take a case, but we urge you to step up and answer the call if you are able.

All pro bono providers in Maryland are taking part in the call to action and the Pro Bono Resource Center of Maryland (PBRC) is helping implement the call. PBRC will match you with the pro bono organizations across the state that are poised to help you get connected to remote or in-person opportunities; train in your area of interest; and receive the support you need to successfully help Marylanders with their civil legal cases at a time they need it the most. Sign up is easy: probonomd.org/call-to-action

Each of us can have a meaningful impact to abate the COVID-19 civil justice crisis. We thank you in advance for stepping up to answer this urgent call to action.

Sincerely,

Joseph M. Getty Chief Judge Court of Appeals

Brian Frosh Attorney General OAG

M. Natalie McSherry President MSBA

Ward B. Coe, III Chair A2JC

Pro Bono organizations from across the state will receive volunteers and connect them to Marylanders who need civil legal aid in the communities they serve.

FUNDING CIVIL LEGAL AID IN MARYLAND

SUSAN ERLICHMAN

Photo courtesy of Beverly Funkhouser Photography

“

Currently, nearly 40 nonprofit organizations provide vital legal assistance to low-income Marylanders, via grants distributed by the Maryland Legal Services Corporation (MLSC). These groups assist victims of domestic violence, tenants facing predatory landlords, senior citizens enduring financial abuse, people fighting all varieties of discrimination, and much more.

IN 1989, when Susan Erlichman first began her MLSC career as its Deputy Director, there were only 12 such groups in the state.

The legal services landscape she entered had been pummeled by federal budget cuts throughout the 1980s. MLSC had been created in 1982 to administer funds received from attorneys’ voluntary IOLTA interest contributions. “I believe the impetus for these programs at the time…was that the federal funding for civil legal aid was under such significant threat by the Reagan administration,” Erlichman said. But the purely voluntary nature of the IOLTA funding also made for a tight budget.

“Attorneys did not have to participate,” Erlichman stressed. “It was a modest program.” Indeed, an annual distribution of $500,000 from the Maryland Abandoned Property Fund was enacted in 1985 to keep MLSC afloat.

MLSC’s revenue increased significantly in 1989, when the Maryland General Assembly converted Maryland’s voluntary IOLTA program to a mandatory one. However, funding crises for the organization did not end with the close of the Reagan and Bush administrations: the financial crash of 2008 was devastating, but even that could not compare with the severe slashing of income during the COVID-19 pandemic. MLSC has endured by diversifying funding sources as much as possible by

We have weathered various storms very, very well in Maryland, and it’s taken a tremendous amount of work.

working with its steadfast network of supporters. The addition of surcharges on court filing fees and increased annual distributions from the Abandoned Property Fund supplement and often surpass annual income from IOLTA.

“We have weathered various storms very, very well in Maryland, and it’s taken a tremendous amount of work,” Erlichman said, also noting that she “certainly didn’t do it alone.” She credits the “extraordinary community” of attorneys, activists, and other stakeholders with keeping Maryland’s civil legal services afloat through dire financial times.

Erlichman’s ability to help MLSC evolve and adapt over her 32-year tenure echoes her personal career journey, which she describes as a “circuitous route.” After earning her bachelor’s degree at the University of Vermont, her plans to pursue a career in social work were sidetracked as she spent time in California, New York, and London, working in the music industry for record labels and management companies.Throughout her wandering adventures, one thing remained constant: “I always wanted to help people,” she said. “I always knew that I wanted to be of service.”

How did she make the transition to law? After returning to New York from overseas living, she found herself on the brink of homelessness, as her rent-controlled apartment was being converted to a cooperative. Lacking the funds necessary to purchase their apartment, she and her husband were essentially being forced out of their home into a prohibitively expensive rental market. The tenants of the building hired an attorney — and this is where Ehrlichman discovered the empowerment a legal professional could provide to people in a desperate situation: “The power was knowing what your rights were.”

Her experience with that situation “just sparked,” she recalled. She enrolled in law school at Temple University, and spent her time as a student working as a mediator in landlord-tenant cases.

Erlichman joked that during all her wandering, she kept no job for more than two years, prior to coming to Maryland. She has worked for a single employer — MLSC — for 32 years, including 17 as its executive director. “I don’t think that has to do with Maryland,” she joked.

“I think that has to do with MLSC and finding the right place for myself, finally.”

Retiring on July 31, Erlichman’s fondness for the organization and its work is palpable.

“I never envisioned such a rich and rewarding career for myself; I have been truly blessed.”

FROM CIVIL RIGHTS TO CIVIL LEGAL AID

WILHELM JOSEPH

Photos courtesy of Beverly Funkhouser Photography

The life and career of Maryland Legal Aid (MLA) Director Wilhelm H. Joseph, Jr. spans not only pivotal moments in the development of legal services for the poor, but also the course of history in general.

“I DON’T NEED TO READ about [the Civil Rights movement],” says the United Nations representative for the National Council of Black Lawyers. “I was there.” Joseph arrived as an immigrant in 1965, and attended a small Historically Black College, Mississippi Valley State University, during some of the most tumultuous days of the Civil Rights Movement.

“I was in Memphis the day before King got killed,” he said, recalling the 1968 assassination of Civil Rights icon Martin Luther King, Jr. “I was in the house of the union leader.” King had been visiting Memphis as part of his “Poor People’s Campaign,” in conjunction with local union leaders’ attempts to organize support for safer working conditions for the city’s sanitation workers.

“

Being poor is one-third not having enough money to buy enough food, clothing, housing. The other two-thirds?

An ingrained sense of ‘outsidership.’

Joseph’s sensitivity for the plight of the poor comes from his own upbringing. Raised by a struggling single mother with five other children, he understood early on what it felt like to know “your next meal is not guaranteed.” He also credits the values instilled by his grandmother, who taught him to “do unto others” as he wished to be done to him.

“I was very lucky,” Joseph says again and again, recalling the instances in which certain privileges were awarded him. After scoring high on an exam, he received placement in his nation’s best high school; skill as an athlete (track and field) earned him a scholarship to help fund his college education. He had opportunities to study abroad and attend some of the world’s most renowned institutions eventually studying at Harvard University.

Joseph’s early experiences also imbued him with an awareness of the dangerous nature of poverty itself. “Being poor is one-third not having enough money to buy enough food, clothing, housing,” he explains. “The other two-thirds? An ingrained sense of ‘outsidership.’ You don’t feel you belong in larger society. You have no social access to power. You’re always outside. That is a hell of a mental wall to break through.”

Joseph’s career has focused on bridging that gap, bringing services to the people who need them and empowering them with access to the justice system. As a young lawyer, Joseph went to work at North Mississippi Rural Legal Services, ultimately becoming its executive director. During the late 1970s, Joseph more than doubled Mississippi’s legal services offerings for the poor, increasing the number of legal aid offices in the state from five to 12.

This wasn’t easily accomplished. Federal funding during the Carter administration was certainly helpful, but legal aid programs at the time were almost entirely disconnected from the private bar. Convincing private practitioners to volunteer their time and resources to assist the poorest members of society, a population that disproportionately included people of color, was a significant hurdle. “In Mississippi, Legal Aid never communicated with the state bar — never had any communication with big law firms, private bar — never.”

When Joseph finally achieved a meeting with private practitioners to discuss cooperation, he found the situation “tense.” ‘That first meeting with Legal Aid

personnel and the private bar — you could cut the tension with a knife.”

The reluctance of the private bar to support Legal Aid was not unique to the South. Even in New York, where I ended up later,” recalls Joseph, “there was no cooperation with the private bar.” During a meeting with a Wall Street firm, Joseph recalls the attorneys telling him bluntly, “We don’t know what you do.” Nevertheless, Joseph and his team persevered, and were able to cultivate an enduring, positive relationship between legal services and that law firm. “Co-counsel, training, mentoring, fundraising, guidance — there are so many things the private bar can do to help legal aid programs,” Joseph says.

When asked to describe his journey to Maryland, Joseph laughs. He never intended to come here. He was happy in New York, and twice turned down the invitation to interview with Maryland Legal Aid. A brush with fate in South Africa changed all that. After a lengthy series of flights to reach his destination, an exhausted Joseph declined to join his colleagues for dinner that evening, retiring to his hotel to sleep instead. That decision saved his life: his companions were killed in a terrible automobile crash en route to their dining destination. He says the experience changed his perspective on life.

When Maryland Legal Aid came calling once more, Joseph decided to “give it a shot.” Since arriving at Maryland Legal Aid, Joseph says many of the organization’s best developments, such as Lawyer in the Library and other public outreach programs, were not his creation at all, but the “brainchild of others” he hired. His advice to legal services leaders: “Hire smart, sharp, committed people — get the hell out of their way and support what they do.”

Reflecting on his decades of service, Joseph says that his life’s goal has been to elevate the position of people who are powerless and voiceless. From Mississippi, New York, Maryland, and other regions of the United States to countries in diverse parts of the globe, Joseph has done much to rely on his own power and a plethora of support from key relationships to attain that goal.

“

Hire smart, sharp, committed people — get the hell out of their way and support what they do.

BUILDING AN ADVOCACY MACHINE

JOHN NETHERCUT

John Nethercut had never thought about being a lawyer until he needed one. He was sitting in a holding area of the Los Angeles Police Department with 30 fellow organizers for Cesar Chavez and the United Farm Workers. Earlier in the day an organizing meeting had been broken up by the police. When the lead organizer was arrested the others surrounded the police car and lifted it off the ground. That resulted in all of them being arrested.

NETHERCUT DIDN’T KNOW how this would all end and had no idea what the legal process was.

As Nethercut and his cohorts pondered their fates, a man in a suit walked in. Cool, confident, he greeted the detention officers and swept past the lockup to another room, just out of view. After a while he returned, and announced that the arrested organizers were free to go. Nethercut remembers thinking, “I don’t know what he did in the back room, but it was pretty cool.” He started thinking that maybe law was a way he could contribute to social justice causes

He started thinking that maybe law was a way he could contribute to social justice causes he would be involved in.

he would be involved in.

The Public Justice Center (PJC) welcomed John Nethercut as its Executive Director in 2002. For him it was the perfect fit: a nonprofit legal office that uses community engagement, client representation, and legislative advocacy to challenge poverty and racial inequity in Maryland and beyond.

Over the course of his 19 years of leadership, Nethercut has encouraged staff attorneys to pursue the cases and causes that invoke their passion. Current PJC projects include Human Rights to Housing (addressing unjust evictions and predatory landlord practices), Workplace

Justice (including wage theft and payment practice reform), Education Stability (standing up for parity in education and defending against disproportionate expulsion of Black and Brown students), Access to Health and Public Benefits, Prisoner’s Rights, and National Civil Right to Counsel.

During his tenure, PJC has become a leading voice of advocacy for race equity in Maryland. Nethercut notes that challenging race inequity has long been a part of the organization’s mission. However, beginning in 2014, PJC began exploring more proactively anti-racist policies and activities within and without the organization, through guidance and training coordinated by the Racial Justice Institute at the Shriver Center on Poverty Law and Baltimore Racial Justice Action.

Prior to reaching the PJC, Nethercut spent a number of years working in legal aid offices in Indiana, Ohio, and upstate New York, followed by 14 years with the Consumer Protection Division of the Maryland Office of the Attorney General. His extensive experience in social justice advocacy also makes him a valued voice on the Access to Justice Commission. He is a graduate of Harvard Law School, and, as a student, worked as a tenant union organizer.

Nethercut says that legal services work offers attorneys the opportunity to make a powerful, lasting difference in the lives of individuals and in communities. Certainly, the attorney who freed him and his fellow organizers all those years ago left a lasting impression, birthing a lawyer, and impacting scores of individuals ever since.

Maryland attorneys: Powering

justice

OVER THE LAST 125 YEARS , MSBA has been involved in some of the most notable developments in the legal profession. It’s been home to thousands of lawyers, helped create opportunities for legal professionals, and served the community through partner organizations.

Join us as we celebrate 125 years of service, growth, and impact!

SHARE your MSBA memories at msba.org/125.

SUBMIT a speaker suggestion, content idea, and/or program proposal for the 18-month 125th Anniversary Thought Leadership Series. We will collect ideas on a rolling basis. Learn more at msba.org/125thSeries.

READ Exploring Our Past, Forging Our Future: 125 Years of Change, an all-new digital publication documenting the organization’s historical impact. Available Winter 2022.

REGISTER for the MSBA 125th Anniversary Gala, March 3, 2022, at Maryland Live! Casino at Arundel Mills. Purchase tickets at msba.org/125thgala

MARYLAND BAR FOUNDATION MSBA Philanthropic Arm Since 1965

BY ALICE CHONG, ESQ., MARYLAND BAR FOUNDATION PRESIDENT

IN 1965, the Maryland Bar Foundation was created to be the philanthropic arm of the Maryland State Bar Association. I, along with Marla Zide, the Foundation’s Vice President, were able to see this in action on Monday, August 9, 2021, when we attended the ribbon cutting of the Baltimore County Public Library’s Mobile Library Law Center. The Foundation played a part in supporting the Mobile Library, which will travel to underserved areas in Baltimore County, and serve as a mobile legal office with attorneys offering free civil legal advice to community members in need.

With the increased demand for legal services, it is crucial that the Foundation continue to strive to meet and support its mission. Namely, the Foundation is dedicated to fostering and maintaining the honor, integrity, and diversity within the profession of law; to promoting access to justice and the public’s understanding of the law; and to enhancing the rule of law, by improving the administration of justice and equal access to the legal system for all. In the past, the Foundation through its Board of Directors composed of Maryland judges and attorneys, has supported multiple grants to pro bono and nonprofit organizations across the State. In the past, the Board was able to support the Maryland Volunteer Legal Services so that they could provide intensive legal training to their pro bono volunteers enabling them to serve vulnerable Maryland individuals and families. But to meet our community’s needs, we can and will do better as we work towards increasing our financial capacity to increase grant funding.

Moreover, the Foundation also recognizes excellence in the legal profession for those who humbly serve the Maryland legal community without seeking or expecting recognition. For those well deserving individuals, the Foundation is always honored to recognize

those individuals who represent the best of our legal profession. Our most recent award recipients were recognized “virtually” including Senator Thomas V. “Mike” Miller, Jr. for the J. Joseph Curran Jr. Public Service Award. Our Legal Excellence Award recipients included the Honorable Nelson W. Rupp, Jr. for the Advancement of the Rights of the Disadvantaged and Dean Renée McDonald Hutchins for the Advancement of Advocacy for Justice. And, our Edward F. Shea, Jr. honoree for exemplifying professionalism, civility, integrity, compassion, and commitment to public service was Darryl L. Tarver, Esquire.

As we move forward and adapt to this new COVID environment where things are ever changing, I hope that we can continue to find new ways to support those in need of equal access to the legal system. I know that I will do my best to support those in need and know that you will too.

WEB EXTRAS MSBA.ORG/ MBF-AWARDS-VIDEO

Take a moment to celebrate the Maryland Bar Foundation’s most recent award recipients:

• Senator Thomas V. “Mike” Miller, Jr. for the J. Joseph Curran Jr. Public Service Award

• Darryl L. Tarver, Esq., Edward F. Shea, Jr. honoree

• Dean Renée McDonald Hutchins, Legal Excellence Award Recipient, Advancement of Advocacy for Justice

• Honorable Nelson W. Rupp, Jr., Legal Excellence Award Recipient, Advancement of the Rights of the Disadvantaged Watch the video playlist at

MBF Grant Connects AmeriCorps Vista Volunteers with OPD During Pandemic

PUBLIC DEFENDER REPRESENTATION is more than just showing up in court. Public defenders respond to systemic issues, such as racial biases in policing; client well-being, such as connections to community-based drug treatment; and technology and practice developments, such as forensic testing and eDiscovery. While the Maryland Office of the Public Defender’s state budget, at least in theory, covers the base expenses of providing constitutionally acceptable representation, it lacks resources to address the variety of pressing needs and emerging issues that are central to this practice. The Association for the Public Defender of Maryland (APDM), an independent non-profit organization with a mission to support the activities of the Maryland Office of the Public Defender (OPD) was established to help fill the gap in OPD’s growing needs and limited state budget resources.

APDM serves as a host site for the Defending Communities in Service AmeriCorps VISTA Project of the National Legal Aid and Defender Association (NLADA), which engages AmeriCorps VISTA volunteers to promote best practices in community-oriented defense while providing needed capacity building in OPD’s district offices and IT department. With a grant from the Maryland Bar Foundation, we were able to purchase laptops for AmeriCorps VISTA members to work remotely during COVID while staying connected to OPD’s clients, attorneys, and staff. Participating AmeriCorps VISTA members have led projects focused on disseminating information about expungements, mobilizing community-based resources to encourage pretrial release in Baltimore City, and generating criminal justice data from OPD’s new case management system.

With a grant from the Maryland Bar Foundation, we were able to purchase laptops for AmeriCorps VISTA members to work remotely during COVID while staying connected to OPD’s clients, attorneys, and staff.

Our AmeriCorps VISTA projects since being awarded this grant, have been as follows:

A community partnerships AmeriCorps VISTA member in Baltimore City was focused on expanding and strengthening partnerships with community-based organizations who could provide services to help facilitate the pretrial release of public defender clients who could better be served in the community than by incarceration. As the COVID pandemic began, she pivoted to help develop OPD's Baltimore Service Array Team (BSAT). With the urgent need to reduce the jail population, and the ever changing COVID requirements, this involved coordination of resources both within the public defender's office and our community partners. It also involved providing COVID education and personal protective equipment to clients upon release, who were unfamiliar with the state's emergency orders requiring masking and social distancing or the CDC guidelines for how to best protect themselves from contracting and spreading COVID. These efforts have resulted in the creation of the Baltimore Service Array Team (BSAT) which includes district leadership,

With data among the priorities of the new case management system rollout, the AmeriCorps VISTA project will have a widereaching impact fr years to come.

social workers, community liaison, and a peer recovery specialist who coordinate their activities to ensure that all appropriate Baltimore City public defender clients are served in the most effective and efficient manner possible.

A data systems AmeriCorps VISTA member with our IT Department is helping the Office of the Public Defender use its new case management system to compile and analyze data. Through its individual case representation of the vast majority of indigent criminal defendants in Maryland, the Office of the Public Defender has a wealth of information that, if aggregated, could help inform policy and practice decisions within the office and throughout the criminal justice system. The prior case management system was outdated and utilized differently in the various jurisdictions across the state, preventing reliable data.from being established. With data among the priorities of the new case management system rollout, the AmeriCorps VISTA project will have a wide-reaching impact for years to come.

Starting this fall, there will also be a community partnership AmeriCorps VISTA member in Prince George's County, serving as a community liaison for the public defender's office and working particularly closely with grassroots reentry group Life After Release on their participatory defense project, facilitating information and resource sharing between public defenders and the loved ones of their clients who seek to actively advocate for their release.

In addition to the AmeriCorps VISTA project, APDM is helping secure resources for OPD’s Decarceration Initiative, which engages law firms, solo practitioners, experts, and others to assist with the implementation of the Juvenile Restoration Act, and for 24 & None, a youth-led organizing project to ensure justice involved youth have a meaningful voice in Maryland’s juvenile justice reform efforts. For more information about APDM, including how MSBA attorneys can participate in the Decarceration Initiative, please email Melissa Rothstein, APDM Chief Operating Officer at APDMaryland@gmail.com.

REAPING THE REWARDS OF HARD WORK

RAPHAEL J. SANTINI

Photo courtesy of Beverly Funkhouser Photography

DURING LAW SCHOOL, Raphael J. Santini received a great piece of advice. He was told to work hard and rewards would come his way. He also credits his desire to become an attorney with believing the legal profession to be an honorable profession, where attorneys can be agents of change. Santini has certainly followed this advice, having worked hard over the past 34 years to build a solid small practice based in Baltimore County, where he focuses his practice on criminal and tort taw. He has received a number of honors and is a leader in the profession.

He also credits his desire to become an attorney with believing the legal profession to be an honorable profession, where attorneys can be agents of change.

In addition to his law practice, Santini is actively involved in the Maryland State Bar Association, currently serving on the Board of Governors, and the Baltimore County Bar Association, where he serves as Chair of the Diversity & Inclusion Committee. Each of these roles is important to Santini for various reasons. As part of his MSBA Board of Governor role, Santini is the Board liaison to the Solo & Small Firm Section. Santini takes this role very seriously, and as a solo practitioner since 1988, wants to ensure the MSBA continues to help solo and small firm practitioners in dealing with unique trials and tribulations of solo and small firm practice. As Chair of the Diversity and Inclusion Committee, Santini is committed to making the Baltimore County Bar, and the legal profession at large, more diverse and inclusive.

Santini has plenty of great memories from his 34-year old career, and appreciates the relationships he created with his clients and fellow attorneys throughout the years. He recalls the representation of his fellow attorneys and having success with their cases as some of his fondest memories.

To this day, Santini continues to employ the advice he received in law school and works hard to better himself and improve his skills. Santini notes that he enjoys sitting in a courtroom and observing other attorneys. He learns so much from watching and listening to other attorneys, and finds the dynamics of the courtroom fascinating.

Earlier this year, in further recognition of his career, Santini was invited to become a Fellow of the Maryland Bar Foundation. He graciously accepted this invitation, noting the importance of the Maryland Bar Foundation’s work and impact on the community.

When not focused on his solo firm and bar activities, Santini enjoys playing guitar and chess. He also enjoys growing fig plants.

The Maryland Bar Foundation is honored to have Santini as part of its 2021 Fellows class.

Pro Bono Resource Center of Maryland — A Look Back

MORE THAN 80% OF PEOPLE living in poverty cannot afford a lawyer and, as a result, face the risk of losing their homes, children, jobs, health benefits, and access to quality education. To address this reality, the MSBA established the Pro Bono Resource Center (PBRC) in 1990 as an independent nonprofit organization. The MSBA secured an agreement with the Court of Appeals of Maryland to launch a volunteer lawyer recruitment campaign in lieu of mandating pro bono work, and delegated the responsibility of implementing its plan to PBRC. The highly successful campaign resulted in thousands of potential volunteers being integrated into the community to offer essential legal help to those most in need. Within the first few years of its

ensure equal access to justice for those in need. PBRC works collaboratively with a wide range of communities, governmental agencies, law schools, and legal services partners to provide access to critical legal help. In its unique role, PBRC continues to serve lawyers throughout the state interested in providing pro bono services, constantly training and offering in-depth mentoring services so volunteers can gain skills, build experience and pursue their passion for giving back.

PBRC recognized that, to have the greatest impact, in addition to building a volunteer base across Maryland it needed to respond more specifically to current crises and emerging needs. This led to the creation of in-house projects to provide direct legal services, primarily to low-income in-

PBRC recognized that, to have the greatest impact, in addition to building a volunteer base across Maryland it needed to respond more specifically to current crises and emerging needs.

inception, the state witnessed a tripling of pro bono cases being handled. As the central pro bono coordinator and clearinghouse in the state, and the designated “pro bono arm” of the MSBA, PBRC has been the “go-to” organization for pro bono civil legal services ever since.

PBRC’s mission is to engage and support the Maryland legal community in meaningful and impactful volunteer service to

dividuals, that target underserved and at-risk communities. Developed in partnership with community organizations and the courts, these projects typically entail providing legal advice clinics in courthouses and communities, immediate legal help and “triage” for those needing extended assistance, as well as short-term representation and document preparation. PBRC brings in partners to provide addition-

al wraparound services at the clinics, such as public and human services entities offering public benefits, housing, and energy assistance. Over 2,000 clients a year receive valuable services through these projects and, if necessary, are referred to volunteers or other programs for further representation.

PBRC’s direct service work began in 2008, when the Maryland Department of Labor, Licensing and Regulation and the Chief Judge approached PBRC to spearhead a pro bono response to the foreclosure crisis. PBRC convened a coalition of housing counselors, legal services providers, elected officials, local and state government agencies, and other nonprofits to preserve homeownership statewide. It also recruited and trained an unprecedented 1,471 volunteer attorneys who served over 2,900 homeowners through foreclosure solutions workshops or community legal clinics alone. Notably, former Chief Judge Robert M. Bell called the Foreclosure Prevention Pro Bono Project the most successful pro bono initiative in Maryland’s history.

Since then, PBRC has been approached to spearhead similar initiatives or uncover specific injustices that needed to be addressed. Current in-house projects include: Consumer Protection Project (CPP), Home Preservation Project

(HPP), Tenant Volunteer Lawyer of the Day Program (TVLD), and Maryland Immigrant Legal Assistance Project (MILAP), all of which were firsts in the state. All of PBRC’s project work also impacts the most vulnerable and particularly communities of color.

In 2019, PBRC created the Professional Skills Academy, a one-year Fellows program designed to provide newer attorneys with the sustained training, mentorship, and supervised pro bono experience needed to perpetuate habits of service and develop pro bono leaders within the private bar. Since its inception, over 50 Maryland lawyers have been accepted into the program, providing hundreds of hours of service within PBRC’s clinics and other programs.

Given its stature and history, PBRC also helps develop pro bono policy through its work with the courts and legislature. All these initiatives necessitate strong collaboration. PBRC has been instrumental in focusing on regions in the state where the resources are extremely scarce so that leveraging volunteers makes an even greater difference. The impact is tangible and vital to the economic and social stability of the clients and communities we serve. Thousands of lives have been improved because of these efforts.

Recently, we caught up with some of the PBRC Board members to learn a little more about their legal career and their goals with PBRC.

Sima Fried PBRC BOARD PRESIDENT

Sima Fried, the current President of the PBRC board, is an attorney with Thomas & Libowitz in Baltimore, Maryland. She focuses her practice on civil litigation, including labor and employment.

Fried began her legal career at the New York University School of Law, where she was heavily involved in various activities, including serving as a Member of the Moot Court Board, and Associate Editor of the Immigration Law Competition. In addition she served on the NYU Law Student Bar Association throughout her law school tenure, including service as a Class Representative and Vice-President of the student body. After graduating, Fried joined the New York City office of the international law firm Bingham McCutchen LLP, which is now part of Morgan Lewis Bockius LLP. She focused her practice on representing international banks and investment companies in both regulatory investigations and litigation.

Fried joined Thomas & Libowitz in October 2015, a few years after leaving New York to return to her hometown of Baltimore, Maryland. When she moved back home after working in New York City, she knew very few people in the legal profession in the greater Baltimore area, but it was important to her to get involved in the community in a meaningful way. She was invited to a presentation by Sharon Goldsmith (PBRC’s Executive Director) and was impressed by the breadth and depth of PBRC’s work and when she found out that PBRC was looking for new board members, she jumped at the opportunity to join the board. In addition to performing pro bono services, she felt that joining the board of PBRC would be a good way to both meet people and give back to the community.

Fried noted that Fiscal Year 2020-21 was challenging for PBRC because of the pandemic and related court closures. While PBRC’s

Photos courtesy of Beverly Funkhouser Photography

staff worked tirelessly to continue providing services to the community, there were fewer opportunities for attorneys to volunteer for PBRC’s pro bono programs, and that meant that there were fewer opportunities for board members to familiarize themselves with the

This year, with courts being open again, Fried’s main goal is to increase board member involvement in the programs.

organization’s work. This year, with courts being open again, Fried’s main goal is to increase board member involvement in the programs. She volunteered with nearly all of PBRC’s programs and it is her hope that the other board members will pledge to volunteer at least 10 hours during this fiscal year to PBRC’s programs.

While Fried practices litigation, she does not have a lot of trial experience, and just sat second chair at her first big trial this past February. If the opportunity arises, she would like to second chair another big

trial to increase her breadth of experience and knowledge. She would also like to do more publishing, whether that be regular blog posts, writing articles, or even contributing to a book or treatise.

Fried would advise young attorneys with similar goals of broadening their experience to get involved in pro bono work, whether it is through a program that their firm sponsors or through PBRC. She noted pro bono offers the opportunity for direct client contact, which a lot of young attorneys want but don’t necessarily get through their everyday work, and helps attorneys learn and cultivate new skills.

PBRC provides attorneys with the necessary training, so they will never be performing the work without a decent understanding of the law, and there is always an experienced staff member to provide guidance if they get stuck. She also stated young attorneys should consider applying for the PBRC Professional Skills Academy.

Fried likes to lift weights at the gym, go to yoga classes at her local studio, and take long walks in her South Baltimore neighborhood and around the Inner Harbor to unwind and destress. And, like many people, she occasionally indulges in an alcoholic beverage while lying on the couch and streaming the latest releases on Netflix.

Shila Mashhadishafie

PBRC BOARD VICE-PRESIDENT

Shila Mashhadishafie serves as Vice-President of the PBRC Board. When she is not volunteering her services with the Board, she works as Program Counsel within the Legal Services Corporation’s (LSC) Office of Compliance and Enforcement (OCE). LSC is the single largest funder of civil legal aid for low-income Americans in the nation. As a program counsel with the Office of Compliance and Enforcement, Mashhadishafie conducts regulatory

One of the greatest accomplishments of her legal career so far was a favorable outcome in a custody case for a pro bono client.

compliance reviews, and leads Program Integrity and Cost Standards reviews. She also provides training to grantee executive directors, staff members, and new OCE hires, which is her favorite part of her job. She enjoys working directly with the programs in drafting compliant policies and procedures to support their compliance efforts as well. Mashhadishafie’s expertise within OCE is in program integrity, use of LSC, and nonLSC funds, and cost allocation. In the future, she hopes to expand her role with LSC by being more involved with national conferences and training.

Mashhadishafie began working at OCE in August of 2006. Prior to her role at OCE, Mashhadishafie was a Senior Prosecutor in the Narcotics Division at the Office of the State’s Attorney for Baltimore City, where her work included leading and litigating complex felony narcotics investigations, including wire-tap investigations, multi-defendant distribution rings, and related firearms. Mashhadishafie started her legal career at the University of Baltimore School of Law. There she served as Editor-in-Chief of the International and Comparative Law Center Report, Vice President of the International and Comparative Law Society, and Vice-President of Project Hunger, among other activities. During her legal career, Mashhadishafie has continued her focus on giving back to the community. She not only serves as the Vice-President of the PBRC Board, she is also a volunteer attorney with PBRC, and has served as faculty for various PBRC conferences and events.

Mashhadishafie became involved with PBRC because she wanted to give back to the community. She noted PBRC had a program in which they trained attorneys in exchange for their service, which she found to be of great benefit since her expertise was primarily in criminal and administrative law. She became involved with the PBRC’s landlord-tenant cases, and after she completed her required service, she continued to volunteer with the Maryland Volunteer Lawyers Section.

Mashhadishafie joined the PBRC Board because she wanted greater involvement in the organization. One of the greatest accomplishments of her legal career so far was a favorable outcome in a custody case for a pro bono client. For Mashhadishafie, seeing the relief on the families’ faces was priceless. She hopes that the PBRC continues to grow and gain recognition throughout the Maryland service area, and she believes its partnership with the bar is an integral component of that goal.

When she is not working or volunteering, Mashhadishafie likes to go hiking on the Billy Goat trail. It is one of her greatest escapes and she finds it to be the perfect place to destress.

Jordan I. Bailowitz PRBC BOARD TREASURER

Jordan I. Bailowitz serves as the Treasurer of PRBC, and is a partner in the Baltimore office of DLA Piper where he focuses his practice on corporate and tax matters. As part of his practice, Bailowitz advises on the tax aspects of mergers, acquisitions, and other significant corporate transactions, and represents equity investors, real estate developers, and property owners in structuring, negotiation, and documentation of complex joint venture transactions.

After graduating from New York University School of Law in 1991, Bailowitz briefly worked as a Tax associate at a large law firm in New York City. He and his wife moved to Baltimore within a year, though, and he started with what was then Piper & Marbury as a young associate. Nearly 30 years and many law firm mergers later, he is still with DLA Piper. While much has changed and DLA Piper is now global in scope, Bailowitz has the privilege of continuing to practice with many of the same attorneys in Baltimore from the old Piper & Marbury days.

Throughout his career, Bailowitz has always been involved with pro bono work, though generally on something of an institutional basis. For example, he served as outside counsel to the University of Maryland Baltimore Foundation, on a pro bono basis, for many years. While that was gratifying, he found that he wanted to explore opportunities to become

He found that he wanted to explore opportunities to become more involved in helping individuals without access to the resources to pay for legal representation.

more involved in helping individuals without access to the resources to pay for legal representation. Several years ago he became a Co-Coordinator of DLA Piper’s pro bono program in Baltimore, and in that position, he learned about the firm’s strong relationship and deep history with PBRC. Given that, getting involved with PBRC seemed like a natural next step for him.

As Treasurer and Chair of the Finance Committee, one of Bailowitz’s main goals for PBRC is to develop strategies to continue to expand their funding sources so that they are in an even stronger position to meet the needs of its target population. He advises young attorneys to get involved with pro bono early and often. He noted pro bono work is not only extremely rewarding to provide critical legal help to those in need, but it’s also a terrific opportunity for young lawyers to assume direct client responsibility earlier than they might otherwise, and potentially branch out into areas of the law that they would perhaps not be exposed to in the course of their billable practice.

During the pandemic, Bailowitz took up cycling, initially as a substitute for the spin classes he could no longer attend at the gym. While he knew it would be good exercise, he wasn’t expecting to enjoy it as much as he does.

D.S. would advise young attorneys embarking on their careers to steal successful habits from the best lawyers they can find.

David Scott “D.S.” Gray PBRC BOARD SECRETARY

David Scott “D.S.” Gray, the Secretary of the PBRC Board, Gray began his legal career at the University of Baltimore School of Law, where he graduated from in 2000. He also served as Editor-in-Chief of the University of Baltimore Law Review. Currently, Gray is a partner with Venable LLP. He focuses his practice on products liability litigation. He has occasionally worked far outside of that practice area, though, and has represented: a criminal defendant challenging ballistics evidence admitted during his murder trial, including co-authoring briefs filed in the Court of Special Appeals of Maryland; an Iraqi interpreter, who assisted American armed forces, in seeking asylum in the United States; and an incarcerated plaintiff deprived of necessary healthcare.

Gray has been actively involved in pro bono work throughout his career, having served on the board of directors for PBRC for over a decade. He joined the PBRC board in 2009 at the suggestion of Brian Zemil, one of his professional mentors and someone with whom he worked on pro bono matters. Zemil identified service for PBRC as a means for Gray to advance causes he believes in, broaden the impact of his service, and contribute to the legal profession. Gray has found that Zemil’s advice remains as true today as it was in 2009.

Gray aspires to do his part in PBRC’s continuing efforts to empower lawyers trying to help those in need. He noted that so many require legal counsel, and too few can afford it and he believes that bridging that gap is one of our professional responsibilities.

Going forward, he plans to continue contributing toward the positive advancement of the legal profession, evolving into the type of lawyer that he has always tried to emulate, like the Honorable Deborah Eyler, Jim Shea, Paul Strain, Jim Gray, Mitch Mirviss, Dino Sangiamo, and Steve Marshall. He also wants to help nurture the next generations of legal talent.

Gray would advise young attorneys embarking on their careers to steal successful habits from the best lawyers they can find. He explained that sometimes, amazing attorneys teach through action, while others teach through words or by showing patience and restraint in the midst of chaos. No matter how they teach, though, young attorneys should be ready to learn.

While working as an attorney can be stressful, Gray found that the late nights and early mornings that he worked shoulder-to-shoulder with colleagues forged some of his most enduring relationships, and the inside jokes that overcame the stress of the moment and elicited laughter at 2 a.m. years ago still resonate today. He relies on quiet moments with his loved ones to keep him grounded. Although he looks forward to thinking about it in the past tense, he notes the pandemic has provided more opportunities for those moments than he ever thought possible.

Bringing Law to Life

ORIGINALLY FOUNDED as the Citizenship Law Related Education Program, Maryland Youth & the Law, Inc. (MYLaw) has been “bringing the law to life” for students across the state of Maryland since 1975. By providing real-world experiences that teach students about the legal profession, MYLaw works to foster an understanding and appreciation for the judicial system while preparing Maryland youths for college and a career.

For students, preparing for college often means getting involved in school- or community-based extracurricular activities, discovering new talents, and exploring different passions. For students who have an interest in the law, law-related extracurriculars provide unique opportunities to explore different facets of the legal system and gain important knowledge and insight at an early age. Through learning opportunities like Mock Trial, Teen Court, and the Law Links Internship, MYLaw offers students who are curious about a career in the law an opportunity to have fun while broadening their perspective of the legal profession as a whole.

These days the mock trial program has gained national notoriety for more reasons than one. The Park School of Baltimore won the 2020 National High School Mock Trial Championship, becoming not only the first Mary-

MYLaw manages Maryland’s statewide, high school mock trial competition. The competition, which dates back to 1983, takes place annually from January through March. By participating in simulated trial proceedings, students gain a deeper appreciation and understanding of the roles judges, lawyers and juries play in the judicial system. “I was in the [MYLaw] mock trial program when I was in high school back when it was CLREP. I’m also very fortunate in that my father is an attorney, so I was aware of what was out there,” says Erik Atas, Associate Judge at the Circuit Court of Baltimore City and the current Chairperson of the MYLaw Board of Directors “but so many students don’t have that kind of exposure.” Importantly, students that participate in MYLaw programs benefit by gaining exposure to what legal professionals do and how the judicial system works. These experiences not only help students gain confidence and learn about themselves, but also help them develop soft skills and form meaningful connections.

Although the 2020 season posed several unique challenges, over 1,500 students were provided the opportunity to compete virtually.

land school to send its team to the national competition but also the state’s first national mock trial champion. Although the 2020 season posed several unique challenges, over 1,500 students (120 teams from 21 counties) were provided the opportunity to compete virtually, making Maryland the only state in the nation to coordinate a virtual competition of that size. MYLaw Executive Director, Shelley Brown notes that MYLaw’s 2020 mock trial season would not have been possible without the help of CRC Salomon, Inc., a local court reporting service that volunteered to help facilitate virtual competitions. “It amounted to 7 weeks of regular competitions and then 2 weeks of playoffs. On [competition] nights we had typically anywhere from 20 to 26 concurrent competitions on 3 different virtual platforms. So, you can imagine, for each of those competi-

tions, about 30 people were logging into the virtual courtrooms including students, coaches and judges.”

In addition to managing the mock trial competition, MYLaw also manages the statewide high school moot court competition (where high school students argue constitutional law issues in simulated appellate-level hearings) and the Summer Law Academy (a four-day program where forensic specialists and experienced criminal trial attorneys teach high school students about different aspects of crime scene investigation and forensic evidence) and facilitates the Baltimore City Council Page Program which provides two city high school students the opportunity to work behind the scenes of the city’s legislature.

When school is out for the summer in Baltimore City, students participating in the MYLaw Law Links internship program are busy at work. Through the Law Links internship program MYLaw has been linking high school interns with local legal professionals and, for many students, opening a pipeline from high school to the legal profession that would otherwise not exist. Since its inception 27 years ago, the Law Links program has matched 871 interns with paid summer internships that begin in June and end in August. Each year students are placed in internships at law firms, nonprofits and government agencies across Baltimore City. Notably, law firms can host interns for the summer, and they can also sponsor a student’s internship with a local nonprofit or a city agency.

Students participating in the Law Links program also attend the Law & Leadership Institute, a 56-hour educational program where guest speakers are invited to interact with interns and discuss various topics of interest, including, for example, juvenile justice, civil law, and criminal law.

While MYLaw’s law-related programs help to introduce students to the legal system, the organization also manages the Baltimore City Teen Court program which works to divert youths away from the traditional juvenile justice system. The program relies on youth volunteers to serve as jurors, bailiffs, clerks and jury forepersons. “It's really important for the kids who are coming in as the respondent to look at the jurors and hear the jurors and think these kids aren't any different than I am,” says Executive Director Brown. While an adult judge and courtroom facilitator is present during hearings, youth volunteers run the hearings with the goal of identifying appropriate consequences and getting the youth respondent to accept responsibility for his or her actions. In some instances, peer jurors will choose jury duty as a consequence for the respond-

“It's really important for the kids who are coming in as the respondent to look at the jurors and hear the jurors and think these kids aren't any different than I am.”

ent, “[i]t’s one of the points of interesting discussion in the jury deliberation, they have to decide is [the respondent] going to be a good juror? Is he or she going to take it seriously? It has often led to some of our best volunteers.”

On future initiatives in the works at MYLaw, Executive Director Brown notes that the organization hopes to form an alumni board. “We're hoping over the coming months and years that we can get in touch with some of the folks who participated in our programs, find out what they've been doing and how [MYLaw] programs may have changed them, changed their direction, or cemented their direction, in terms of college and their careers. The other piece of it is . . . maybe they fundraise a scholarship for Law Links or a college scholarship for a graduating student who has been in one of our programs. My hope is that [the alumni board] will determine something that they could potentially raise money for and in addition get the message out about our programs.”

If you are a legal professional that participated in a MYLaw program and are interested in serving on the organization’s alumni board, the organization would love to hear from you. Please contact shelley@mylaw.org

For community members interested in supporting MYLaw and its important mission of “bringing the law to life” for Maryland youth, the organization has a number of opportunities available including, volunteering for one of its many programs, and providing financial support through sponsorships and fundraising contributions. For more information visit mylaw.org

Fresh Faces MSBA Leadership Academy

Developing the Leaders of Tomorrow

The Maryland State Bar Association, under the leadership of Past Presidents Robert Gonzalez, Esq. and Harry Johnson, Esq., created the MSBA Leadership Academy to help develop future leaders in the legal profession and the Bar Association. Over the years, the Leadership Academy has focused on developing leaders from diverse backgrounds, and ensuring they have the skills to lead.

The Leadership Academy Fellows engage with existing leaders of the profession, hone their own leadership skills, and give back to the community and the profession.

One of the first of its kind, the Leadership Academy is an intensive, 12-month program. Each year, 15 Fellows are selected to engage in the program. Through various workshops and the completion of a public service project, the Leadership Academy Fellows engage with existing leaders of the profession, hone their own leadership skills, and give back to the community and the profession.

Over the years, the MSBA Leadership Academy has bolstered the careers of some of today’s leaders in the legal profession. It continues its strong history today — including the 2021-22 Fellows Class pictured below:

LEADERSHIP ACADEMY INITIATIVES

Although, generally, a new Leadership Academy class is chosen every year, given the impact of the COVID-19 pandemic, the 2019-20 Fellowship Class extended their program through the close of the 2020-21 Bar year.

Displaying their leadership skills, they pivoted their planned “Courtroom Closet” program and created a physical and digital pamphlet to help self-represented litigants better understand the court process and be more prepared for their day in court. A promotional video was also created. View the Self-Litigant Handbook and promo video at

RANDI A. AMES

JAMIE L. ALVARADO-TAYLOR

KERTISHA DIXON

ERNIE DOMINGUEZ

SAMANTHA BROOKE DOS SANTOS

JOSEPH M. FAH

ALEXANDER J. GERALDO

MASO TOUSSAINT HAMILTON

HEATHER LEIGH KRICK

KENDRICK KAMAAL MCLEOD

ROMANA MUZZAMMEL

JESSICA TEREASA ORNSBY

TYRA M. ROBINSON

ANNAMARIA VICENTA SANTINI

Fresh Faces Future Leaders with Family Ties

It’s no surprise that many of tomorrow’s leaders of the profession are influenced or mentored by current leaders in the MSBA and the profession. In some cases, these influential leaders and mentors are also family. Below are two members of the current 2021-22 Leadership Academy Fellows class with family ties.

Annamaria Santini

Assistant State’s Attorney, Baltimore County

FAMILY TIE: Daughter of MSBA Board of Governor Member, Solo & Small Firm Section Council Member, Raphael Santini

Why did you become an attorney?

It involves skills I enjoy exercising and allows for a variety of fulfilling employment opportunities.

What is your fondest memory of career to date? Fridays in the office with my coworkers debriefing our week over bagels.

What do you hope to gain from participating in the MSBA Leadership Academy?

I hope to get to know the members and maintain those relationships. I’m also hoping to sustain continued involvement in MSBA service activities.

Images from the Leadership Academy Opening Ceremonies held outdoors at Gertrude’s at the Baltimore Museum of Art in Baltimore, MD.

Alexander J. Geraldo

Associate Attorney, Robinson & Geraldo, PC

FAMILY TIE: Son of MSBA Board of Governor Member, Manuel Geraldo

Why did you become an attorney?

The main reason I became an attorney was so that I could help peo ple. It’s really that simple for me. It’s a way to give back on a con sistent basis. With so few practicing African American and Latino attorneys, I wanted to be an example to others that the professional ranks of America are not limited by race and ethnicity.

What is your fondest memory of career to date?

It has been my pro bono work with expungements. Helping people get a second chance at life has allowed me to remain motivated in my field and after each expungement, I am more and more reinvig orated with my initial passion to become an attorney.

What do they hope to gain from participating in the MSBA Leadership Academy?

I hope to gain skills in other areas of the law outside of advocacy, such as community work, legislation, leadership, grant writing and more. I also hope to meet other attorneys that practice in different areas of the law that will inevitably broaden my horizons as an attor ney but more importantly, as a man—as a human being.

Theresa Michael

EXECUTIVE ASSISTANT AND GOVERNANCE ADMINISTRATOR

Theresa Michael has been with the MSBA for over 33 years. She began at the MSBA in 1988 as an Administrative Assistant, working with sections and committees to schedule meetings and other events. Her role evolved over the years, and she is now the Executive Assistant and Governance Administrator. Theresa also handles many critical aspects of the MSBA’s daily operations and is a vital part of helping the MSBA run smoothly!

Photo by Jennifer Sawyer – Sincerely, Sawyer Photography

Tell us a little about yourself.

I was born in Baltimore City and grew up in Highlandtown, and am the youngest of six children. I purchased my first home with my two older sisters in 1987 at the age of 19, my second home with my husband in 1997, and my third home in 2005. My husband Frank and I currently live in Harford County and we have two children. I’m looking forward to purchasing my next home, an RV, when I retire, so we can hit the road and travel!

What did you do before you joined the MSBA?

Prior to joining the MSBA, I worked for Merry Go Round Enterprises, Inc. for the Assistant Controller in the Accounts Payable Department. Before that, I worked part-time for an Orthopedic Doctor at Children’s Hospital as an appointment scheduler and at Patterson Movie Theater as a clerk.

My favorite part of working at the MSBA is being able to witness the Association evolve to what it is today.

Tell us about your role at the MSBA. What's your favorite part of that role?

As the Executive Assistant and Governance Administrator, I work with the Executive Director and Deputy Executive Director to plan the Board of Governors and Executive Committee meetings and have many other dayto-day responsibilities. My favorite part of working at the MSBA is being able to witness the Association evolve to what it is today. I’ve seen a lot of staff move on in my 33 years, but I’ve made lifelong friends along the way.

What is an interesting fact about you?

I learned to MIG weld during Covid and helped make end tables and a firewood rack.

Are you active in your community?

My husband Frank is the President of our Homeowners’ Association, and I help him with planning and organizing our Association meetings and community activities such as cookouts, outdoor movies, community clean-up days, and yard sales.

What do you like to do outside of work?

I love baking, gardening, camping, and spending time outdoors with my family, and I particularly enjoy summers in our pool and vacations at the beach. I also like to put my feet up and read a good book or watch old movies to relax and unwind.

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McCammon Group

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The MSBA is Growing

After a decade plus of contraction and with voluntary Bars all across the country continuing to experience contraction, why is MSBA growing?

The key to understanding the fortunes of the MSBA as the home of the legal profession in Maryland lies in understanding societal shifts that have taken place and the need to account for those macro trends. As we celebrate our 125th anniversary, the constant throughout those many decades has been change and evolution. When I arrived in January, 2017, the profession had been moving on from our MSBA for more than a decade. A 2015 McKinley survey noted significant areas of opportunity for us to deliver the experience and resources sought by attorneys and legal professionals.

We embarked on a multi-year journey to transform our MSBA and thus ensure its place not only for current times but into the future. Just about everything we do has been touched in some way by this necessary journey. We are witnessing the largest consumption of MSBA resources in its history. These are facts. Nearly every metric we measure has improved and in some cases dramatically. We are nearing completion of the next survey to help us compare those 2015 results with how the profession is viewing the MSBA of today.

We are witnessing the largest consumption of MSBA resources in its history.

The tension: The Club model versus Resource Model

Your Membership Value is Growing!

• Section of Your Choice

• Virtual Learning Pass

All you can consume Digital CLE of 90 minutes or less — whether live or on-demand!

We are hearing from numerous attorneys that ‘the MSBA is much more useful to me today’ than ever before. Achieving 105.3% of our budgeted dues revenue is just one tangible indicator that satisfaction and relevancy has materially improved. But there remains a tension. As the MSBA continues its path to becoming an indispensable resource for attorneys in Maryland and beyond its borders, less emphasis has been placed on the small gatherings and in-person activities that a segment of our membership yearn for. COVID-19 notwithstanding, the majority of members have indicated that they value content much more so than attending an

event. In our digital world, this is not a trend limited to us. It’s a societal trend. And yet, we work hard to deliver exceptional in-person experiences. In 2018 and 2019, our Legal Summit & Annual Meeting had two consecutive years of significant attendance growth after a period of decline. Our plans for 2022 have no less focus on having the biggest attendance in recent memory. However, even if 2,000 attorneys participate in the Legal Summit, we acknowledge that only represents 5% of the legal profession in Maryland.

Only when we listened and began to evolve, beginning with the key vote of our Board of Governors in May, 2017, did our fortunes change.

Our challenge is to continue to provide the experiences some members have ‘grown up with’ at our MSBA while addressing the significant numbers who are demanding something different from us. We can strive to do both but the experiences of the past will necessarily not be our experience into the future.

We know with certainty that attempting to convince today's attorneys to want to do and experience what attorneys did yesterday resulted in a shrinking member base. Not only here, but at all 26 voluntary state Bars. Only when we listened and began to evolve, beginning with the key vote of our Board of Governors in May, 2017, did our fortunes change.

A strong MSBA means effective advocacy for this profession, as witnessed when taxation of legal services became a possibility. A strong MSBA means 40K hours of content are produced and consumed by attorneys in a little over a year...at no extra cost to them. Although we remain the second lowest cost State Bar in the U.S., our true definition of success is relevancy and value. We are delivering more of that than ever before at your….MSBA.

Victor L. Velazquez,

Executive Director

Maryland State Bar Association, Inc.

520 West Fayette Street

Baltimore, Maryland 21201

Electronic Service Requested

Hon. Eric M. Johnson (Ret.)

Judge, Montgomery County Circuit Court

Hon. William G. Simmons (Ret.)

Hon. Alexander Wright, Jr. (Ret.)

Hon. Sally D. Adkins (Ret.) Retired Judge, Court of Appeals of Maryland

Hon. Daniel M. Long (Ret.) Retired Judge, Somerset County Circuit Court

Hon. Ann N. Sundt (Ret.) Retired Judge, Montgomery County Circuit Court

Hon. Thomas G. Ross (Ret.) Retired Judge, Queen Anne’s County Circuit Court

Kenneth L. Thompson, Esq. Fellow, American College of Trial Lawyers

Hon Thomas G Ross (Ret )

Kenneth L Esq

Hon. Toni E. Clarke (Ret.) Retired Judge, Prince George’s County Circuit Court

Hon. Nelson W. Rupp, Jr. (Ret.) Retired Judge, Montgomery County Circuit Court

Daniel E. Toomey, Esq. Construction, Surety and General Commercial Neutral

Hon. John H. Tisdale (Ret.) Retired Judge, Frederick County Circuit Court )

Morton A. Faller, Esq. Past President, Bankruptcy Bar Assoc. for the District of Maryland

Hon. J. Frederick Sharer (Ret.) Retired Judge, Court of Special Appeals of Maryland

Hon. Martin P. Welch (Ret.) Retired Chief Judge, Baltimore City Circuit Court

Hon. Patrick L. Woodward (Ret.) Retired Chief Judge, Court of Special Appeals of Maryland