1. James Nolan gave the President’s Report.

a. He discussed the Southern Conference of Bar Presidents and the Mid-Atlantic Bar Conference meetings. He noted the working components of each of these meetings were very informative in providing useful information relating to the governance of state bar associations. He noted that he had attended both of the meetings, along with MSBA President Elect, Harry S. Johnson, and Paul Carlin, MSBA Executive Director. He further noted that Past Presidents, Richard S. Sothoron, Roger Perkins and Michael Preston had attended the Southern Conference of Bar Presidents meeting.

b. President Nolan reported that he had created the MSBA Committee on Rules of Practice to serve as a liaison between the BOG and Court of Appeals Rules Committee. He has appointed Phillip Tyson Bennett as Chair of the Committee, along with members, Rachel Susan Cohen, Honorable D. Warren Donohue, Gardner M. Duvall and Una M. Perez.

c. He discussed a letter dated October 1, 2002 to Charles O. Monk, II, Chair of the State Ethics Commission, regarding the MSBA’s support of the proposed Ethics Rules which confirm that there will be no question that MSBA volunteers participating in the legislative and administrative process, without compensation, on behalf of the MSBA, will not be required to register as lobbyists.

d. He discussed a series of e-mails from James Keane, Chair of the Special Committee on Technology, concerning the Business and Technology Case Management Program (BTCMP) set forth in Maryland Rule 16.205. The funding of the implementation of the BTCMP was discussed.

e. He noted an article in the Baltimore Business Journal published September 2002, regarding Multi-disciplinary practice partnerships. The article pointed out that any progress in multi-disciplinary practices had been hurt by an assortment of business scandals involving accountants.

f. He provided a sample letter from the Maryland Legal Services Corporation (MLSC), which has been sent to various state banks encouraging the banks to become IOLTA Honor Roll members. The direct approach to each of the banks seems to be successful since there are now 15 banks that have agreed to join the Honor Roll program.

g. He noted an e-mail from Alfred P. Carlton, Jr., President of the ABA, concerning a “get out to vote” program being implemented by the ABA called “Freedom’s Answer.” The e-mail was forwarded to CLREP.

h. He noted the creation of the Court’s Standing Committee on Pro Bono for 2002-2003 and that a number of members were suggested by the MSBA, including the Chair, Ward B. Coe, III, Donald Braden, Stephen J. Nolan, James K. Eagan, III, Master Cathy Hollenberg Serrette, Paula Peters and Jo Benson Fogel.
He discussed a draft of a letter from Chief Judge Robert M. Bell to Maryland attorneys concerning their pro bono reporting requirements under Rule 6.1.

i. He provided a brief report on the first meeting of the Professionalism Task Force that was held in Howard County on September 12, 2002.

j. He discussed the issue of judicial campaign conduct. He provided a synopsis of the Minnesota case involving judicial candidates announcing their views. He also discussed a letter from the National Ad Hoc Advisory Committee on Judicial Campaign Conduct and a letter from Albert P. Carlton, Jr., President of the ABA, concerning the resolution adopted by the ABA House of Delegates creating a committee to study judicial campaigns and the impact of campaign spending and advertising on the public’s knowledge about, and trust and confidence in the judicial system.
Pamela White, Immediate Past President of the MSBA, reported that the Court of Appeals Committee on Public Trust and Confidence is developing recommendations for revising the Judicial Cannons and the Professional Rules of Responsibilty to better deal with conduct during contested judicial elections.

k. He provided a draft of a proposed definition of the practice of law created by the Center for Professional Responsibility of the ABA. This issue will be further discussed informally with the attendees at the Bar Presidents Conference.
He noted that the ABA has invited the states to comment on this definition of the “practice of law.” The issue was referred to the Court of Appeals Committee on Public Trust and Confidence for comment.

l. He discussed a letter from Scott D. Miller, President of the Frederick County Bar Association, suggesting a realignment of the BOG to allow each county to have at least one member on the BOG. It was agreed that this is an issue that should be discussed further and that a BOG committee would be appointed to consider realigning membership on the BOG.

2. Paul Carlin gave the Executive Director’s Report.

a. He reported that the total MSBA membership count as of October 25, 2002, was 19,846 members, including 49 resignations, 0 dropped members, 5 deceased members, 25 new members and 30 reinstatements since September 24, 2002.

b. He discussed a letter from John N. Burdette, Chairman, of the Estates & Trusts Section Council, requesting a waiver of the dues to the Estates and Trusts Section for law students or associate members of the MSBA. After discussion, the question was referred to the MSBA Membership Committee to review and make a recommendation on this issue that would apply to all associate members and all Sections of the MSBA.

c. He reported that the Bar Presidents’ Conference that was being held at the same time as this BOG meeting appeared to be running smoothly and engendering lively discussion.

d. He provided a copy of a sample recruitment letter to Corporate General Counsels who are located in Maryland. He reported that there are 220 General Counsels in Maryland and 106 of those belong to the MSBA. President Nolan reported that on September 25, 2002, he attended the Maryland General Counsel’s dinner and encouraged all General Counsel to join and become active in the MSBA.

e. He provided a form letter to new Bar admittees advising them of the Professionalism Course. He noted that the Court of Appeals had relieved the MSBA of a great deal of the administrative aspects of this course by requiring deferrals and waivers to be filed with the Court of Appeals and dealt with by the Court of Appeals.

f. He provided a copy of a letter to Carolyn Watson, Assistant Secretary to the Department of Natural Resources, following up on Joseph F. Schanno’s suggestion for an appropriate use for the wood from the Wye Oak.

g. He provided a wonderful “thank you” note from Past President, Pamela White, for the MSBA’s gift of a balloon ride which she found quite “uplifting.”

h. He provided a copy of an article in The Wall Street Journal dated October 1, 2002 concerning legal advice services noting that Baltimore, Maryland’s Legal Advice Line had received the highest rating.

i. He provided a listing of private law school tuition comparisons.

j. He provided a Memo from the American Society of Association Executives indicating that membership directories and the work effort that went into producing them were not protected by copyright laws.

3. Cornelius Helfrich gave the Secretary’s Report.

a. He reported that the Minutes of the Executive Committee meeting held on October 15, 2002, were substantially included in the Agenda for this meeting.

4. J. Michael Conroy gave the Treasurer’s Report.

a. He reported the following for the MSBA as of September 30, 2002: total dues income of $2,165,986.02; that the total income was $2,347,622.45; that the total expenses were $720,736.37, leaving an unexpended, budgeted amount of $1,626,886.08.

b. He presented Budget Amendment Request Number 1 for fiscal year 2002-2003, requesting an Amendment to provide funding for the Special Committee on Rules of Practice in the amount of $576.00. The Amendment to the budget was moved, seconded and approved by the BOG.

5. Harry S. Johnson gave the President-Elect’s Report.

a. He noted that the reservations for the 2004 Mid-Year Meeting in Punta Canta, Dominican Republic from February 21, 2004 to February 28, 2004 had been secured at a very reasonable cost to the members.

6. Reports of the Standing Committees.

a. Timothy Meredith, Chairman of the Committee on Laws, and Buz Winchester, MSBA’s Director of Legislative Relations, presented the preliminary Legislative positions for the upcoming 2003 Legislative Session, with 60 individual recommendations. The Preliminary Legislative Program as presented, with exception of the Business and Technology recommendation which was changed to “monitor,” was moved, seconded and approved.

7. Announcements.

a. Michael Stover, Chair of the Young Lawyer’s Section, announced that the Novemberfest 2002 “Justice for All” Gala is scheduled to take place on November 2, 2002 at the American Visionary Arts Museum from 7:00 to 11:00 p.m. He noted the proceeds would benefit the Southern Maryland Legal Aid Bureau. President Nolan noted that this is an outstanding event for a worthy cause.

b. It was noted that the Solo and Small Firm Conference will be held on November 9, 2002, at the Columbia Hilton.

c. It was noted that the Women’s Bar Association will hold its Annual Rita C. Davidson Award Dinner on November 4, 2002 in Rockville, Maryland.

d. It was noted that the Women’s Law Center will hold its 30th Anniversary Celebration and Awards Ceremony on November 13, 2002 in Baltimore, Maryland.

e. It was noted that the J. Franklyn Bourne Bar Association will hold its 18th Annual Scholarship Awards Banquet on November 7, 2002 in Greenbelt, Maryland.

f. President Nolan thanked Jonathan Ahn and Sallie Williams for the tremendous effort that they had put forth to make the Bar Presidents’ Conference successful. He then gave his personal thanks and the gratitude of the MSBA to Wanda Claiborne, Director of Meetings and Bar Liaison for the MSBA, for all of the effort she had put forth in making this event such a success.

There being no further business to come before the Board of Governors, the meeting was adjourned at approximately 4:30 p.m.

Respectfully submitted,

Cornelius D. Helfrich
Secretary