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The individual chapters from this single resource cover most of the key areas in construction law, from contract formation, to performance disputes, to remedy granting clauses, to construction damages, and finally, to the dispute resolution process. Subjects of particular application include design professionals, contracting by state and local governments, construction safety issues, bonding, mechanic’s liens, and statutory remedies. New and developing fields of construction law are also addressed, such as “green” construction and non-traditional project delivery systems including design-build contracting and construction management, are explained. Order your copy today from the MSBA’s CLE Department online catalog COMING IN THE JANUARY BAR BULLETIN…Baxter Named MSBA President-Elect Nominee Special Health Law Focus MSBA Hosts Chinese Delegation And more! And if you missed the December 2011 Bar Bulletin... BOARD OF GOVERNORS APPROVES GOVERNANCE COMPROMISE AGC REPORTS DISCIPLINARY ACTIONS DOWN, COMPLAINTS RISE The Bar Bulletin is published on the 15th of each month, with the deadline for any given issue being the 20th of the preceding month. Send your news, announcements and inquiries to Bryan Nichols. APPLICATIONS ARE BEING ACCEPTED FOR THE LEADERSHIP ACADEMY!The Leadership Academy Committee is accepting applications for the 2012-13 Class of Fellows. Don’t miss this great opportunity to participate in a 12 month program, specifically designed to assist lawyers, as they strive to become better leaders. Applications will be available on Monday, January 9, 2012 by visiting the Leadership Academy Website. Details about the program, a list of Fellows Alumni and past projects are also available on the website. The deadline for applying for the 2012-2103 Class of Fellows is Monday, March 26, 2012 at 5:00 p.m. PRESIDENT'S MESSAGE
On the Way to Damascus It has been one of the great blessings for our country that the Founding Fathers were great students of history and given their study of early empires and democracies through the Scottish Enlightenment it is likely that Gibbon’s The History of the Decline and Fall of the Roman Empire, the first volume of which was published in 1776, the last in 1788, was thoughtfully perused. Rightly or wrongly, issues of the relationship between church and state were front and center in Gibbon’s writing and certainly on the minds of our founders, many of whom wrote letters manifesting a profound religiosity. Despite that deep personal religiosity, or perhaps because of it, there was a remarkable epiphany whereby the lines between church and state were kept separate and apart. Yet as a country, we have historically a recurrent theme of great religious awakenings that have colored and sometimes blurred this distinction particularly in certain regions of the country at various times. Certainly anyone reading about the presidential contenders in Iowa can’t help but notice the political pandering for the votes of what is called the “religious right.” It is no small matter but rather a most dangerous game if we are to keep our lines of demarcation clear. Last June, 2011 at the MSBA Annual Meeting I had the first opportunity to address this issue thus: “The struggle to keep our country and state on the right track is both a constant and a current one. While some or our earliest colonists sought a separation of Church and State to protect freedom of religion, Thomas Jefferson notably sought a separation of Church and State to protect the State and keep it free from religion. How much of our current cultural conflict is actually founded in religious concepts and beliefs? Do the churches or does the state define the word “family” for a citizen of the state? Do the churches or does the state define the word “marriage” for a citizen of the state? Are we as attorneys bystanders to this issue or are we obligated to help define and delineate exactly what the “pursuit of happiness” beyond life and liberty actually means? Taking no position was exactly what the lawyers and bar associations of this country did in 1942 when young Fred Korematsu needed us. Some of our own members as well as our society needs us NOW. Taking no position in the face of injustice is never acceptable, never an option, never permissible. Never.” On a strictly civil basis, it comes down to this: we have at present non-religious civil “marriages” in our state that bestow upon the parties certain civil rights and obligations entirely independent of religious “marriages” where marriage may be a sacrament and bestow upon the parties certain other religious rights and obligations. No one of any particular religion or Faith is required to perform any marriage that is not in keeping with their own religious beliefs. On the other hand, civil marriage as indicated above does bestow civil rights on its partners and there are innumerable rights that are bestowed that have nothing to do with a person’s sex ranging from inheritance and taxes to simple “family memberships” in various organizations. It should go without saying that love is not per se sexual but rather a deep attraction and commitment of one being to another so on a philosophical level it is asexual and on a legal level sex should be irrelevant. Our understanding of the magnificent proclamation of our belief that “All men are created equal” has been a continuing series of epiphanies since the words were first penned serving to eviscerate discrimination long suckled in creeds outworn. Now is the time to recognize that it does not say “all heterosexual men are created equal.” There will be those who will propose some “separate but equal arrangement” – as lawyers we have seen that rodeo before and know full well the ending. We know that if a different word is used it will have a different legal meaning no matter how much verbal sugar coating is applied. It is January and the Maryland Legislature will soon take up this issue of gay marriage. Hopefully they will opt to keep church and state separate and pass the Gay Marriage Bill so that all loving couples irrespective of sexual orientation can live, work and share equally in all the rights The Great Enterprise launched by our Founders envisioned. MEMBER THANK YOUThe MSBA CLE Department thanks the faculty, co-chairs and planning committee for their hard work on the sold out “Divorce Tax Workshop” in December presented by the Section of Family & Juvenile Law. Program Chairs & Faculty: Tom Ries, Marcia Fidis, Bob Rombro Many thanks also to the faculty and program chair for another wonderfully successful “Deposition Practice and Procedure” in December. We’re grateful to the Litigation Section for supporting the program and for contributing the majority of the faculty. Program Chair: Neil J. Dilloff, Esq. MSBA EVENTSWEDNESDAY WEBINAR SERIES
HANGING OUT A SHINGLESaturday, February 18, 2012, 8:30 am - 4:00 pm MSBA ANNUAL MEETINGHOTEL RESERVATIONS FASTCASE WEBINARSThere are many new free webinars from FASTCASE:
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| Court of Appeals | Robert Neal McDonald |
| Court of Special Appeals | Honorable Stuart Ross Berger |
| Circuit Court for Harford County | Melba Elizabeth Bowen |
| Circuit Court for St. Mary’s County | David Wylie Densford |
| Circuit Court for Baltimore County | Justin James King |
| Honorable Nancy Maggitti Purpura | |
| Circuit Court for Montgomery County | Anne Korbel Albright |
| Gary Eugene Bair | |
| Circuit Court for Frederick County | William Rogers Nicklas, Jr. |
| Circuit Court for Howard County | William Vincent Tucker |
| District Court for Queen Anne’s County | Frank Michael Kratovil, Jr. |
Additional Details on all of the appointees
We had a robust CLE program calendar throughout 2011, and the MSBA CLE Department will continue serving our sections wishing to present programs for the benefit of their members. If you missed any of our mostly sold out 2011 programs through November, you can catch many of them during our “2012 Winter CLE Film Festival” in January. Many thanks to the Family Law Section and the Litigation Section for our sold out December programs “Divorce Tax Workshop” and “Deposition Practice & Procedure.”
Keep an eye on the MSBA website www.msba.org for upcoming 2012 live programs such as Hot Tips in Family Law, 40 Hour Mediation Training, an all new series from Chuck Borek in April “Accounting and Finance Boot Camp for Lawyers”, the Business Law Section’s annual “Business Law Institute”, “Practical Approaches to Guardianship”, and, of course, Hot Topics in Elder Law.
Happy Holidays! Thank you again for your continued support and, of course, thank you to our fine volunteer faculty that make the exceptional CLE programs offered by this office possible.
How to Settle Cases With Insurance Companies Webcast (Rebroadcast)
From the 2010 Maryland State Bar Association Solo and Small Firm Conference
Thursday, January 5, 2012, 12:00 pm – 1:00 pm - 1 CLE Credit
Proof of Injury in Low Impact Accidents (Rebroadcast)
From the 2010 Maryland State Bar Association Solo and Small Firm Conference
Friday, January 6, 2012, 12:00 pm – 12:45 pm - 1 CLE Credit
Contesting and Defending Wills, Revocable Trusts and Intervivo Transfers Webcast (Rebroadcast)
Saturday, January 7, 2012, 9:00 am – 12:20 pm
Representing Children in the Juvenile Court Webcast (Rebroadcast)
Tuesday, January 10, 2012, 9:00 am – 12:30 pm
Handling Drinking and Driving Cases in Maryland Webcast (Rebroadcast)
Wednesday, January 11, 2012, 9:00 am – 4:00 pm
Ethics and Professionalism for the Maryland Lawyer Webcast (Rebroadcast)
Thursday, January 12, 2012, 9:00 am – 12:00 pm
Estate Planning After the 2010 Tax Act: Brave New World or Déjà vu? Webcast (Rebroadcast)
Friday, January 13, 2012, 9:00 am – 12:00 pm
The Fair Debt Collection Practices Act and Regulation of Attorney Deb Collection (Rebroadcast)
Tuesday, January 17, 2012, 9:00 am – 12:00 pm
Preparation and Trial of a Personal Injury Case Webcast (Rebroadcast)
Wednesday, January 18, 2012, 9:00 am - 12:00 pm
The Nuts and Bolts of Social Security Disability Law Webcast (Rebroadcast)
Thursday, January 19, 2012, 9:00 am – 11:30 am
Registration opening soon for:
Webcast “Fiduciary Litigation in Maryland February 2, 2012
Webcast “Using and Drafting Trust” February 7, 2012
Hot Topics in Family Law March 2nd, 2012 – Annapolis, MD
Advanced Bankruptcy Institute March 13th, 2012 – Columbia, MD 9:00 am - 1:30 pm
40 Hour Basic Mediation Training March 19th-23rd – Baltimore, MD
2012 Animal Law Symposium March 30th, 2012 – Baltimore, MD 8:20 am – 5:00 pm
Rights and Responsibilities of Being a Trustee April 10, 2012 - Columbia, MD
9:00 am - 4:30 pm
2012 Business Law Institute April 18, 2012, 9:00 am - 4:30 pm, Columbia, MD
New Series-Accounting and Finance Boot Camp for Lawyers
Accounting Principles for Lawyers April 4, 2012
Analyzing Financial Records of Public Companies: What Every Lawyer Should Know April 11, 2012
A Lawyer’s Guide to Financial Instruments April 18, 2012
8 Hour Civil Mediation
Wednesday, February 29, 2012 – 8:30 am – 5:30 pm
Ecker Business Training Center 6751 Columbia Gateway Drive Columbia, MD
Training programs are offered at no cost or a reduced fee in exchange for a pro bono commitment in the topical area. Once an attorney takes a free or reduced fee training course, PBRC refers the attorney to a Maryland pro bono legal referral program for fulfillment of the pro bono commitment.
More information/registration or contact Kiah Elmore or (410) 837-9379; (800) 396-1274.
For pro bono training programs and volunteer service opportunities, join PBRC’s E-Bulletin
The MSBA and PBRC are offering free and discounted slots for a selection of MSBA CLE courses. Volunteer attorneys are eligible for one of three (3) free slots in exchange for accepting a pro bono case referral from a recognized pro bono legal services program. Staff legal services attorneys may register for one of three (3) discounted slots offered at 50% off the regular course cost. Slots will be filled on a first-come, first-serve basis. Listing of eligible courses and registration.
PBRC also offers free and reduced fee on-line trainings that can be viewed at a time and place convenient for attorneys. A wide variety of topics are covered including foreclosure prevention, consumer bankruptcy, criminal records expungement, veterans’ disability benefits, immigration and special education.
GENDER-BASED ASYLUM LAW
Tuesday, January 17, 2012, 12:00 PM – 1:30 PM
Miles & Stockbridge, P.C., 10 Light Street, Baltimore, MD 21202
Sponsored by Tahirih Justice Center and Pro Bono Resource Center of Maryland
Details
This month, the Leadership Academy would like to highlight the exceptional relationship between the Leadership Academy and the Maryland Hispanic Bar Association. The purpose and mission of the MHBA includes preserving the highest standards of integrity, honor, and professional courtesy among Hispanic/Latino attorneys and attorneys with an interest in issues affecting the Hispanic/Latino community; establishing close relationships among Hispanic/Latino attorneys; and cooperating with bar associations regionally, nationally and internationally and other legal organizations.
In keeping in line with this commitment, the MHBA has been a frequent supporter of the Leadership Academy Public Service Project, donating substantial funds over the years to support the projects and assisting with translating marketing materials and advertising. In fact, the MHBA was among the first to donate money to the public service project being planned by the current Fellows class.
MHBA has also consistently given young attorneys the opportunity to be involved and serve at the leadership level. Pilar Nichols, a 2010-2011 Leadership Academy Fellow, is the current President of the Hispanic Bar Association. In addition, Diego Rojas, a 2008-2009 Fellow, is the immediate past President; and Jessica Chipoco, a current Fellow is the President-Elect. In addition, Joaquin M. Sequeira, a 2010-2011 Fellow, is co-chair of the Membership and Professional Development Committee. Daniel Renart, a 2010-2011 Fellow, is on the board of directors and is the co-chair of the Judicial Nominations Committee.
Leadership Academy salutes the Maryland Hispanic Bar Association for its contributions to the legal community in general and to the Leadership Academy program in particular.
Next, as continued from the October Bar Brief, we would like to introduce you to a few current Leadership Academy Fellows:
Melanie Murray Mfume
Melanie was born and raised in Dallas, TX. She received her B.S. in Psychology from Virginia Tech in 2002 and her JD from the University of Baltimore in 2006. Melanie focuses primarily in the areas of family law and foreclosure defense, but is expanding into the areas of bankruptcy and estate and probate.
Melanie has been actively involved in Maryland Foreclosure Prevention Pro Bono Project since its inception in 2008 and serves as a Mentor Attorney at the Foreclosure Solutions Workshops around the State. She serves as Of Counsel to the Unity Economic Development Corporation (a non-profit housing counseling agency) in Prince George's County, Maryland. She is a member of the St. Ambrose Legal Advisory Committee and serves on two Pro Bono Resource Center Board Committees. Melanie is also an active volunteer for CASA DC.
Kisha Petticolas
Kisha Petticolas is an Assistant Public Defender in Talbot County, Maryland, where she focuses most of her attention in the area of juvenile justice. Before joining The Office of the Public Defender, she was the first African-American member of the Talbot County State’s Attorney’s Office, were she served for three and a half years.
Kisha graduated from the University of Baltimore School of Law in 2006 and was admitted to the Maryland bar in December of the same year. Kisha graduated from Old Dominion University in 1996 with a degree in English.
When not practicing law, she is establishing The Supply Closet, a non-profit whose mission is to provide socioeconomically disadvantaged children with the supplies necessary to achieve a strong educational foundation and broad world view. She is also the owner of Covered in Love Quilts, which makes blankets and quilts.
Thomas K. Prevas
Thomas K. Prevas is an associate in the DLA Piper Governmental Affairs and Environmental practices, working specifically on environmental litigation. Before joining DLA Piper, Mr. Prevas served as Special Assistant State's Attorney for Baltimore County. As a member of the Circuit Court trial team, he handled hundreds of criminal matters and tried criminal bench and jury trials.
Mr. Prevas graduated from the University of Maryland School of Law in 2008 with a Certificate of Concentration in Environmental Law. While there, he received the prestigious Roger Howell Graduation Award, given to that student whose "leadership, scholarship and moral character are representative of the high ideals of the legal profession," and was twice elected chairman of the Honor Board. After law school, he served as law clerk to the Honorable Lynne A. Battaglia on the Court of Appeals of Maryland.
More information from the Leadership Academy Committee about our amazing Fellows and Fellows Graduates, and about the 15th Anniversary Celebration, March 13, 2013 is forthcoming.
Everyone experiences personal or work related problems at some point. Early intervention is the key to resolving these concerns. Call or email Jim Quinn, Director or Lisa Caplan, Lawyer Assistance Program Counselor at 800.492.1964 x3041 or the direct line at 443.703.3041 for free, confidential assistance.
About the Program - Services Provided - Confidentiality - Committee Members
2011-2012 One Bar|One Community Public Service Project
Again this year, the Young Lawyer Section is having its One Bar/One Community Public Service Project. You do not be a member of the section to participate. Give as much time, effort, donations as available. Below is the list of the projects. Those with additional flyers have links.
| January 28, 2012 | Polar Bear Plunge for the Special Olympics |
| February 2012 | Extreme Office Makeover |
| March 2012 | BARCS Animal Rescue & Care Shelter, Inc. |
| April 2012 | Friends of Patterson Park Earth Day |
| May 2012 | Harford Habitat for Humanity |
Further, the MSBA YLS has partnered with Be the Match National Bone Marrow Program. Throughout the year, we will schedule a registry drive; however, getting registered is as simple as requesting a kit online. Thousands of patients with leukemia and other life-threatening diseases depend on the Be the Match Registry to find a match to save their life. If you cannot make it to any other event for One Bar|One Community Program, please consider being a part of the National Marrow Donor Program.
If you have any additional questions, please contact Michael W. Siri or Gwendolyn Tate.
Meeting: Guest Speaker, Therese Goldsmith, Esq., Commissioner, Maryland Insurance Administration
January 9, 2012, 6:00 - 7:30 pm
Ober Kaler, 100 Light Street, Baltimore
Light dinner will be provided.
Outreach Program
Monday, January 9, 2011, 6:00 pm
Sheraton Columbia Hotel, 10207 Wincopin Circle, Columbia, MD 21044
Details
Section Meeting and Luncheon
Wednesday, January 18, 2012 12:00 noon
MSBA Headquarters, Baltimore MD
Guest Speaker: Chief Judge Robert M. Bell of the Maryland Court of Appeals
Detail/Flyer
What Does a Construction Attorney Need to Know About MOSH and OSHA Inspections: Is this Really Just a MOSH Pit?
Thursday, January 19, 2011
Breakfast served at 7:30 a.m., Program begins at 8:00 a.m.
Contact David Gilliss or Nicole Lentini with any questions.
Flyer | Register
If You Have Employees, You Have Personnel Problems-What Solo and Small Firms Need to Know
Friday, January 27, 2012, noon- 1:00 PM
Free for Solo Section Members; $25.00 for non-Solo Section Members
Presenter: Adele Abrams, Law Offices of Adele L. Abrams, P.C.
Register
Escrow Account Management and Pitfalls to Avoid
Thursday, February 2, 2011, 6:00 pm
Sheraton Columbia Hotel, 10207 Wincopin Circle, Columbia, MD 21044
Details
MSBA's 21st Annual Charity Event
Friday, March 23, 2012 at 6:00 pm
Pier 5 Hotel, Baltimore, MD
Charity will be Believe in Tomorrow Children's Foundation which serves critically ill children and their families.
Contact Julia Carolan for more details
Practicing Animal Law: Third Annual MSBA Animal Law Symposium
Friday, March 30, 2012 7:30 am – 5:00 pm
Westminster Hall, located at 519 W. Fayette Street, Baltimore, Maryland
Details
Spring Dinner
Monday, April 16, 2012
Loews Hotel Annapolis, MD
More Details: TBA
The ABA Techshow
March 29-31, 2012
Chicago, Il
Keynote Speaker: Ben Stein
Details / Discount
Birth of a Nation
Thursday, February 16, 2012 4:00 pm - 7:30 pm
Mitchell Courthouse, Room 504, 100 N Calvert St # 618 Baltimore, MD 21202
Details/Flyer
Contact: Joseph W. Bennett
Business Improvement Districts and Urban Governance
Thursday, March 8. 2012 12:30 pm - 2:00 pm
Mitchell Courthouse, Room 504, 100 N Calvert St # 618 Baltimore, MD 21202
Details/Flyer
Contact: Joseph W. Bennett
Clarity Conference
May 21-23, 2012
The National Press Club Washington DC, US
Details
Public Interest Career Fair
Thursday, February 16, 2011 3:00 pm – 5:30 pm
William H. Thumel Sr. Business Center - Atrium 11 W. Mt. Royal Ave. Baltimore, MD 21201
Details
Tuerk Conference on Addiction Treatment 2012
Thursday, April 17, 2012 8:00 am – 5:00 pm
The Baltimore Convention Center, Pratt and Sharp Streets
Detail /Flyers
Maryland Carey Law Blue Crab Bash
January 5, 2012 7:00 pm - 9:00 pm
Washington Marriott Wardman Park Washington, D.C.
Details/Registration
Murder Ink: Live Reading
January 25, 2012 7:00 pm – 10:00 pm
Westminster Hall, Baltimore, MD
*Sponsored by UM Carey Law and Single Carrot Theater
Details
UM Carey Law Meet Up – Los Angeles
February 2, 2012 6:00 pm – 8:00 pm
Eleven Restaurant and Nightclub West Hollywood, CA
Details/ Registration
UM Carey Law Meet Up – Baltimore
February 8 , 2012 6:00 pm – 8:00 pm
Sullivan’s Steakhouse Baltimore, MD
Details/Reservation