Monday, March 9, 2020 12A THEDAILYRECORD.COM According to the YLD bylaws a “young lawyer” is any member in good standing of the Association who, as of July 1, have not attained the age of 37, or regardless of age, who have been ad- mitted to practice in Maryland for less than 5 years.” Sim- ple enough. How- ever, many lawyers who would other- wise qualify may not feel like a “young lawyer” or may not understand the ben- efit of involvement in the YLD. There is no requirement to undertake an initi- ation process through the YLD before becoming an active member of the As- sociation. So why might involvement in the YLD be right for you? The stated objectives of the YLD in- clude (i) fostering the discussion and interchange of ideas relative to the du- ties, responsibilities and problems of new members to the legal profession, and (ii) aiding and promoting the ad- vancement of these newer members. I have spoken in previous articles about the ways YLD involvement can help promote members advancement in the Association and in the profession, as well as the many opportunities to serve the community through the YLD. An equally critical role of the YLD, and benefit to YLD members, is the YLD’s role as a forum for exchanging ideas relative to the duties, responsi- bilities and problems of young lawyers. We are all extremely busy, and it is easy to get trapped in a bubble consist- ing of your co-workers and other legal professionals in your particular field of practice. YLD events bring together a variety of new and new-ish attorneys who have different practice areas and experiences. YLD events allow young lawyers to share and learn about dif- ferent fields of law, employers and experiences in the legal profession. I have witnessed young lawyers use this knowledge to shape their decisions about future life and career choices. Not to mention, the connections you build through the YLD help to facili- tate growth in your current practice area or facilitate a change to a differ- ent one. The YLD can help you figure out just how right things are for you in your current situation, or help you find out about different ways to thrive. I also witnessed this year how the YLD is growing to help meet a need for new attorneys with families, including events aimed at sharing ideas about how to grow and thrive as a young mother or father in the legal profes- sion, without sacrificing your family commitments. The YLD also puts on events where young lawyers can get information and advice regarding fi- nancial planning, or learn how to man- age stress and anxiety. The YLD supports young lawyers by helping them to find their own an- swer to the question of what a young lawyer is and how they want to ad- vance in the profession and in life – whether that be business develop- ment, charitable contribution, frater- nity and comradery, or all of the above. If you have ideas about ways the YLD can meet the needs of young law- yers that are not already being met, or if you would like to get involved in planning and facilitating future events, feel free to contact me at 301.429.7890, or Lauren Lake, your incoming Chair of the YLD, at [email protected]. YLD Member Spotlight Alan Dunklow, Assistant Attorney General, Office of the Attorney Gen- eral, Opinions Division. Alan currently serves as the Treasurer of the YLD. He has performed this role very well, rou- tinely presenting timely and accurate financial information to the Executive Committee and taking initiative to identify areas where the budget may need amendment in the future. But it is what Alan has done outside of his role as Treasurer that has particularly impressed me this year. Alan is a former co-chair of the Public Education committee. During his two year term as co-chair, he helped expand the mock trial program – a yearly program where the YLD and Association members coach local mid- dle-school students and put on a mock trial before a sitting Baltimore City Circuit Court Judge. Alan and his past co-chairs have left a great blueprint for running a successful program. In addition, Alan has been actively en- gaged in providing assistance to the current co-chairs, while also providing them the room to take ownership of the program. The President’s Message: The Intersection of Access to Justice and Alternative Dispute Resolution Young Lawyers’ Division Update: What Can The Young Lawyers Division (YLD) Do For You? Ethics Hotline Volunteer Alan Abramowitz: 410-752-6000 The Hon. Dana Middleton Joseph Pulver Although several legal services en- tities provide representation to indi- viduals with very little income, most have income restrictions, leaving most people to represent themselves, with- out much success. However, alterna- tive dispute resolution (ADR) could be the mechanism to pro- vide increased access to courts with fewer income restrictions. There are several ben- efits to using these tools. For many in- dividuals, mediation provides autonomy, self-determination and empowerment; for courts there is the lure of proce- dural and administrative reforms-re- duced dockets and greater efficiency.1 This article, highlights arguments for and against ADR, how it increases ac- cess to justice, and how attorneys can become more involved. Access to Justice initiatives con- ducted research to determine issues how to make legal services more read- ily available to low income individuals.2 At least thirty-eight (38) states have ac- cess to justice commissions to confront these issues.3 The mission of the Mary- land Access to Justice Commission is to “unite leaders to drive systemic reforms and make innovations to make the civil justice system accessible, user-friendly and fair for all Marylanders.” Due to the court-centered focus of most access to justice projects and research, the natu- ral synergy of access to justice and ADR process is often overlooked. 4 However, the American Bar Association (ABA) expanded the meaning of access to jus- tice to include access to resolution of issues that do not necessarily include court systems. 5 Therefore, when access to justice is defined more broadly, the use of mediation, arbitration, negotia- tion, and other alternatives is a natural solution to these problems. 6 How do pro se litigants bene- fit from ADR? There are several advantages to ADR for the pro se litigant. First, they would benefit from the procedural in- formality involved as well as the focus on interests and resolutions, instead of victory and loss. 7 Second, the cost can be significantly less, when compared to traditional litigation. The average time that it takes to get to trial for civil cases, currently stands at nine months. There- fore, using ADR methods can be much more efficient, saving time and money. 8 Some states utilize the mandatory me- diation approach. This is the result of a number of states enacting statutes that require ADR processes in civil are- nas such as small claims court, housing court and family court. 9 The Circuit Court for Baltimore City has three alter- native dispute resolution programs for the civil non-domestic docket, and these options are thoroughly discussed on the Circuit Court website, www.baltimorec- itycourt.org. The options are Early Neu- tral Evaluation (ENE), Mediation, and Pre-trial Settlement Conference. 10 ENE is a process involving a retired judge who evaluates the strengths and weak- nesses of a case, enhances direct com- munication between parties about their claims and supporting evidence, clari- fies issues in the dispute. Mediation is also available in the Family Division of the Circuit Court. It may be ordered in cases where custody or visitation is at issue absent allegations of child abuse or domestic violence. 11 In addition to mediation, many in- dividuals are knowingly or unknow- ingly parties to arbitration agreements in consumer and employment con- tracts. 12 Several major arbitration pro- viders have tried to make arbitration more accessible and cost effective. The American Arbitration Association has adopted several changes, includ- ing Due Process Protocol to be trans- parent about the processes that these individuals will face, as well as to en- sure fairness for both sides. These pro- tocols help increase access to justice by “ensuring principles of quality neu- trals, cost effective dispute resolution, and fairness of the process.” 13 There are also special rules regarding fees in consumer cases, limiting the amount of money a consumer pays and puts most of the financial burden on the business party. Despite multiple advantages of ADR, critics of “mandatory mediation” believe it imposes additional proce- dural hurdles on parties, resulting in an increased cost of litigation. Addition- ally, some scholars believe that ADR programs such as mediation are used improperly by judges in an effort to clear their dockets of “insignificant” or “minor” cases, instead of a more justi- fied criteria. 14 They also suppose that the “poor will be denied access to the court system in order to accommodate larger, more complex cases involving those with power and money to access the courts.” 15 On the other hand, some hold the opinion that ADR, especially those programs under the supervision of the courts, would actually enhance the likelihood that the poor would be able to reach a more favorable outcome than they would in negotiations that occur just before court. 16 A solution for this concern is to require court review of settlements, before they become binding. 17 This would ensure some level of judicial involvement in the process. Another concern that advocates have with mediation is that the media- tor’s desire to remain neutral may limit how much legal information they are willing to provide to either party during the process. If the mediator does not in- form pro se litigants of the legal impli- cations of a settlement then either party may unknowingly waive their rights. 18 However, they also accept as true that a judge, unlike a mediator, will provide more legal information to pro se claim- ants, and inform them of the rights they are giving up. 19 There are things that can be done to improve the ADR experience for pro se litigants. Jacqueline Nolan-Haley sets forth some strategies for improv- ing mediation for self -represented liti- gants. The judicial system can start by providing information about the medi- ation process, how it differs from adju- dication, and what it means to consent to mediation. 20 Self-represented parties need substantive information about On Thursday, March 19, 2020, from 5:30 p.m. – 7:00 p.m. at Pratt Street Ale- house, 206 W. Pratt Street, Baltimore, MD 21201, the Bar Association of Balti- more City’s Personal Injury Litigation Committee, Alison D. Kohler, Esq., Chair, presents Sip & Learn About Liens and Releases. Come enjoy drinks, lite fare and networking with other attorneys while learning about liens and re- leases by some of the best in the business. Our guest speakers are: Philip C. Federico, Esq. (Plaintiff’s Perspective on Releases), Schochor, Frederico and Staton, P.A.; Michael J. Baxter, Esq. (Defense’s Perspective on Releases), Bax- ter, Baker, Sidle, Conn & Jones, P.A.; Rodd M. Santomauro, J.D. (Liens), Vice President of Business Development, Synergy Settlement Services; and Joanna Wynes, J.D. (Liens), Settlement Planner, Synergy Settlement Services. The pro- gram will be moderated by Christopher D. Wright, Esq., Law Offices of Evan K. Thalenberg, P.A., and Damien R. Banks, Esq., The Law Offices of Peter G. An- gelos, P.C. Attendees will receive one FREE drink ticket. Appetizers included. This program is generously sponsored by Synergy Settlement Services. Admis- sion is FREE for BABC members, Non-members – $40*. BABC members may register by emailing to [email protected]. Non-members may register at www.baltimorebar.org, or call 410-539-5936. Space is Limited – Register Early! *Non-members can join the BABC and apply this fee towards their mem- bership dues. Join at www.baltimorebar.org. For more information, email [email protected]. CONTINUING LEGAL EDUCATION
Transcript
Monday, March 9, 202012A TheDailyRecoRD.com
According to the YLD bylaws a “young lawyer” is any member in good standing of the Association who, as of July 1, have not attained the age of 37, or regardless of age, who have been ad-mitted to practice in Maryland for less than 5 years.” Sim-ple enough. How-ever, many lawyers who would other-wise qualify may not feel like a “young lawyer” or may not understand the ben-efit of involvement in the YLD. There is no requirement to undertake an initi-ation process through the YLD before becoming an active member of the As-sociation. So why might involvement in the YLD be right for you?
The stated objectives of the YLD in-clude (i) fostering the discussion and interchange of ideas relative to the du-ties, responsibilities and problems of new members to the legal profession, and (ii) aiding and promoting the ad-vancement of these newer members. I have spoken in previous articles about the ways YLD involvement can help promote members advancement in the Association and in the profession, as well as the many opportunities to serve the community through the YLD.
An equally critical role of the YLD, and benefit to YLD members, is the YLD’s role as a forum for exchanging ideas relative to the duties, responsi-bilities and problems of young lawyers.
We are all extremely busy, and it is easy to get trapped in a bubble consist-ing of your co-workers and other legal professionals in your particular field of practice. YLD events bring together a variety of new and new-ish attorneys who have different practice areas and experiences. YLD events allow young lawyers to share and learn about dif-ferent fields of law, employers and experiences in the legal profession. I have witnessed young lawyers use this knowledge to shape their decisions about future life and career choices. Not to mention, the connections you build through the YLD help to facili-tate growth in your current practice area or facilitate a change to a differ-ent one. The YLD can help you figure out just how right things are for you in your current situation, or help you
find out about different ways to thrive.I also witnessed this year how the
YLD is growing to help meet a need for new attorneys with families, including events aimed at sharing ideas about how to grow and thrive as a young mother or father in the legal profes-sion, without sacrificing your family commitments. The YLD also puts on events where young lawyers can get information and advice regarding fi-nancial planning, or learn how to man-age stress and anxiety.
The YLD supports young lawyers by helping them to find their own an-swer to the question of what a young lawyer is and how they want to ad-vance in the profession and in life – whether that be business develop-ment, charitable contribution, frater-nity and comradery, or all of the above.
If you have ideas about ways the YLD can meet the needs of young law-yers that are not already being met, or if you would like to get involved in planning and facilitating future events, feel free to contact me at 301.429.7890, or Lauren Lake, your incoming Chair of the YLD, at [email protected].
YLD Member SpotlightAlan Dunklow, Assistant Attorney
General, Office of the Attorney Gen-eral, Opinions Division. Alan currently serves as the Treasurer of the YLD. He has performed this role very well, rou-tinely presenting timely and accurate financial information to the Executive Committee and taking initiative to identify areas where the budget may need amendment in the future. But it is what Alan has done outside of his role as Treasurer that has particularly impressed me this year.
Alan is a former co-chair of the Public Education committee. During his two year term as co-chair, he helped expand the mock trial program – a yearly program where the YLD and Association members coach local mid-dle-school students and put on a mock trial before a sitting Baltimore City Circuit Court Judge. Alan and his past co-chairs have left a great blueprint for running a successful program. In addition, Alan has been actively en-gaged in providing assistance to the current co-chairs, while also providing them the room to take ownership of the program.
The President’s Message:The Intersection of Access to Justice
and Alternative Dispute Resolution
Young Lawyers’ Division Update:What Can The Young Lawyers Division (YLD) Do For You?
Ethics Hotline Volunteer Alan Abramowitz: 410-752-6000
The Hon. Dana Middleton
Joseph Pulver
Although several legal services en-tities provide representation to indi-viduals with very little income, most have income restrictions, leaving most people to represent themselves, with-out much success. However, alterna-tive dispute resolution (ADR) could be the mechanism to pro-vide increased access to courts with fewer income restrictions. There are several ben-efits to using these tools. For many in-dividuals, mediation provides autonomy, self-determination and empowerment; for courts there is the lure of proce-dural and administrative reforms-re-duced dockets and greater efficiency.1 This article, highlights arguments for and against ADR, how it increases ac-cess to justice, and how attorneys can become more involved.
Access to Justice initiatives con-ducted research to determine issues how to make legal services more read-ily available to low income individuals.2 At least thirty-eight (38) states have ac-cess to justice commissions to confront these issues.3 The mission of the Mary-land Access to Justice Commission is to “unite leaders to drive systemic reforms and make innovations to make the civil justice system accessible, user-friendly and fair for all Marylanders.” Due to the court-centered focus of most access to justice projects and research, the natu-ral synergy of access to justice and ADR process is often overlooked.4 However, the American Bar Association (ABA) expanded the meaning of access to jus-tice to include access to resolution of issues that do not necessarily include court systems.5 Therefore, when access to justice is defined more broadly, the use of mediation, arbitration, negotia-tion, and other alternatives is a natural solution to these problems.6
How do pro se litigants bene-fit from ADR?
There are several advantages to ADR for the pro se litigant. First, they would benefit from the procedural in-formality involved as well as the focus on interests and resolutions, instead of victory and loss.7 Second, the cost can be significantly less, when compared to traditional litigation. The average time that it takes to get to trial for civil cases, currently stands at nine months. There-fore, using ADR methods can be much more efficient, saving time and money.8
Some states utilize the mandatory me-diation approach. This is the result of a number of states enacting statutes that require ADR processes in civil are-nas such as small claims court, housing court and family court.9 The Circuit Court for Baltimore City has three alter-native dispute resolution programs for the civil non-domestic docket, and these options are thoroughly discussed on the Circuit Court website, www.baltimorec-itycourt.org. The options are Early Neu-tral Evaluation (ENE), Mediation, and Pre-trial Settlement Conference.10 ENE is a process involving a retired judge who evaluates the strengths and weak-nesses of a case, enhances direct com-
munication between parties about their claims and supporting evidence, clari-fies issues in the dispute. Mediation is also available in the Family Division of the Circuit Court. It may be ordered in cases where custody or visitation is at issue absent allegations of child abuse or domestic violence.11
In addition to mediation, many in-dividuals are knowingly or unknow-ingly parties to arbitration agreements in consumer and employment con-tracts.12 Several major arbitration pro-viders have tried to make arbitration more accessible and cost effective. The American Arbitration Association has adopted several changes, includ-ing Due Process Protocol to be trans-parent about the processes that these individuals will face, as well as to en-sure fairness for both sides. These pro-tocols help increase access to justice by “ensuring principles of quality neu-trals, cost effective dispute resolution, and fairness of the process.”13 There are also special rules regarding fees in consumer cases, limiting the amount of money a consumer pays and puts most of the financial burden on the business party.
Despite multiple advantages of ADR, critics of “mandatory mediation” believe it imposes additional proce-dural hurdles on parties, resulting in an increased cost of litigation. Addition-ally, some scholars believe that ADR programs such as mediation are used improperly by judges in an effort to clear their dockets of “insignificant” or “minor” cases, instead of a more justi-fied criteria.14 They also suppose that the “poor will be denied access to the court system in order to accommodate larger, more complex cases involving those with power and money to access the courts.”15 On the other hand, some hold the opinion that ADR, especially those programs under the supervision of the courts, would actually enhance the likelihood that the poor would be able to reach a more favorable outcome than they would in negotiations that occur just before court.16 A solution for this concern is to require court review of settlements, before they become binding.17 This would ensure some level of judicial involvement in the process.
Another concern that advocates have with mediation is that the media-tor’s desire to remain neutral may limit how much legal information they are willing to provide to either party during the process. If the mediator does not in-form pro se litigants of the legal impli-cations of a settlement then either party may unknowingly waive their rights.18 However, they also accept as true that a judge, unlike a mediator, will provide more legal information to pro se claim-ants, and inform them of the rights they are giving up.19
There are things that can be done to improve the ADR experience for pro se litigants. Jacqueline Nolan-Haley sets forth some strategies for improv-ing mediation for self -represented liti-gants. The judicial system can start by providing information about the medi-ation process, how it differs from adju-dication, and what it means to consent to mediation.20 Self-represented parties need substantive information about
On Thursday, March 19, 2020, from 5:30 p.m. – 7:00 p.m. at Pratt Street Ale-house, 206 W. Pratt Street, Baltimore, MD 21201, the Bar Association of Balti-more City’s Personal Injury Litigation Committee, Alison D. Kohler, Esq., Chair, presents Sip & Learn About Liens and Releases. Come enjoy drinks, lite fare and networking with other attorneys while learning about liens and re-leases by some of the best in the business. Our guest speakers are: Philip C. Federico, Esq. (Plaintiff’s Perspective on Releases), Schochor, Frederico and Staton, P.A.; Michael J. Baxter, Esq. (Defense’s Perspective on Releases), Bax-ter, Baker, Sidle, Conn & Jones, P.A.; Rodd M. Santomauro, J.D. (Liens), Vice President of Business Development, Synergy Settlement Services; and Joanna Wynes, J.D. (Liens), Settlement Planner, Synergy Settlement Services. The pro-gram will be moderated by Christopher D. Wright, Esq., Law Offices of Evan K. Thalenberg, P.A., and Damien R. Banks, Esq., The Law Offices of Peter G. An-gelos, P.C. Attendees will receive one FREE drink ticket. Appetizers included. This program is generously sponsored by Synergy Settlement Services. Admis-sion is FREE for BABC members, Non-members – $40*. BABC members may register by emailing to [email protected]. Non-members may register at www.baltimorebar.org, or call 410-539-5936. Space is Limited – Register Early!
*Non-members can join the BABC and apply this fee towards their mem-bership dues. Join at www.baltimorebar.org. For more information, email [email protected].
C O N T I N U I N G L E G A L E D U C A T I O N
Monday, March 9, 2020 TheDailyRecoRD.com 13A
C I T Y B A R B R I E F S
Pathways to Leadership for Women: The Women Who Led the Bar Association of Baltimore City – March 17
The year 2020 marks the 100th anniversary of the passage of the 19th Amendment, guaranteeing and protecting women’s constitutional right to vote. This historic centennial offers an unparalleled opportunity to commemorate a milestone of democracy and to explore its relevance to the issues of equal rights today. Thus, the Historical Committee of the Bar Association of Baltimore City (BABC) has elected to highlight the efforts of the ten women who have served as president in the BABC’s 140-year history through a special Women’s History Month Program – Pathways to Leadership for Women: The Women who led the Bar Association of Baltimore City, on Tuesday, March 17, 2020, from 12 noon – 2:00 p.m. in Room 504, Clarence Mitchell Jr. Courthouse, 100 N. Calvert Street, Baltimore, MD 21202. Come help us to celebrate the passage of the 19th Amendment and honor our ten women presidents. The program includes a video presentation, “Pathways to Leadership,” with a special tribute to Sheila K. Sachs, Esquire, the first female President of the BABC, followed by a panel discussion from the women who have led the BABC during the past 33 years. Admission is FREE for BABC and WBA members, Non-members – $40. Space is Limited – Register Early! BABC and WBA members may register by emailing [email protected]. Non-members may register at www.baltimorebar.org. Advertising opportunities available for the commemorative program book. For more information, go to www.baltimorebar.org, or e-mail [email protected].
Baltimore Bar Foundation Invites You to Spaghetti Opera Night on March 24 & 26!
The Baltimore Bar Foundation, Inc., cordially invites you to Spaghetti Opera Night. This year there will be two performances--Tuesday, March 24 and Thurs-day, March 26, 2020--at Chiapparelli’s Restaurant, 237 S. High Street, Baltimore, MD 21202 beginning with a cash bar at 6:00 p.m., followed by dinner at 7:00 p.m., featuring live operatic arias as you dine. Performers are Claire Iverson, Soprano, Christopher J. Hartung, Baritone, and Aaron Thacker, Pianist. Tickets are $85 per person (guests welcome) and include appetizers, salad, choice of entrée, dessert and wine, soft drinks, coffee and tea with dinner. Space is limited – register early! To purchase tickets or for sponsorship opportunities, go to www.baltimorebar.org.
YLD Public Service Committee Accepting Donations for SAFEIn the spirit of spring cleaning our closets and dressers, the YLD Public Service
Committee is collecting gently used professional attire for SAFE Alternative Foundation for Education through March 23. Workwear items will go to youth of SAFE Alternative (1501 W Lexington St.), which they will use for a fashion show on Tuesday, March 24, 2020, from 4:30 p.m. – 5:30 p.m. After the fashion show, leftover clothing items will be donated to Dress for Success Greater Baltimore and Sharp Dressed Man! The Co-Chairs of the Public Service Committee, Monica Basche and Maureen Edobor, are collecting clothing donations at their offices: (1) Brown, Goldstein & Levy, LLP, 120 E. Baltimore St., Suite 1700 (Monica); and (2) Nelson Mullins Riley & Scarborough, 100 S Charles St., Suite 1600 (Maureen). You can drop off your clothing donations at these locations Monday – Friday from 9:00 a.m. – 4:30 p.m. For the fashion show, the Public Service Committee is looking for 5 “models” to dress as they would for work (business, business casual, etc.) and explain what their office is like and why they wear what they do. Please email [email protected] if you can help collect clothing at your office, transport clothing to SAFE Alternative, or participate in the fashion show.
Women’s History Month Walking Tour at Green Mount Cemetery on March 28
On Saturday, March 28, 2020, at 1:00 p.m., there will be a Walking Tour at the Green Mount Cemetery, 1501 Green Mount Avenue, Baltimore, MD 21202, where we will visit the final resting places of many famous women in history. Green Mount Cemetery opened in 1839 as the city’s first urban-rural cemetery. Green Mount is the final resting place of Johns Hopkins, Mary Elizabeth Garrett, Enoch Pratt, William and Henry Walters, Betsy Patterson Bonaparte, Arunah Abell, Moses Sheppard, Isaac Emerson, Albert Ritchie, Theodore McKeldin, Robert Oliver, Harriett Lane Johnston, William Henry Rinehart, John H. B. Latrobe, A. Aubrey Bodine, Walter Lord, John Wilkes Booth, and many more. This tour, however, will focus on famous women in history. The length of the tour is approximately one hour. Participants need to be able to navigate the tour independently as we will be walking on paved paths but also through the grass and steps of the graveyard. Wear comfortable shoes and bring your camera! Parking is available inside the cemetery. Enter through the main gate and you will be directed where to park. Space is limited to 20 participants – register early! The registration fee for the tour is $15. Guests are welcome, but limited to one per paying member. Ticket price for guest is also $15. Register at www.baltimorebar.org. The Women’s History Month events are sponsored by The Historical Committee of the Bar Association of Baltimore City, Monumental City Bar Association, The Library Company of the Baltimore Bar, and the Women’s Bar Association of Maryland.
Term of Court Ceremony & Reception – April 2The Bar Association of Baltimore City, Circuit Court for Baltimore City, and
Baltimore Courthouse and Law Museum Foundation cordially invite you to the 2020 Term of Court Ceremony and Stated Meeting. The ceremony will be held on Thursday, April 2, 2020, at 4:00 p.m., in Ceremonial Courtroom 400, Clar-ence Mitchell Jr. Courthouse, Baltimore, MD 21202. The program will include the introduction of new attorneys recently admitted to the Bar and a presentation
THE BAR ASSOCIATION OF BALTIMORE CITY SUSTAINING MEMBERS
The BABC thanks the following members for their generous support!
Hon. Edward J. AngelettiJonathan M. Binstock
Stanley H. BlockCharles M. BlomquistHon. Pamila J. Brown
Samuel Owen ColeTiffani Sterrette Collins
Samuel D. Cowin Evelyn Lombardo CussonHon. Marcella A. Holland
Milos JovanovicDarren L. Kadish
Hon. Robert B. KershawPaul R. Kramer
William R. LevasseurHon. Lynn Stewart Mays
Margaret A. MeadHon. John P. MillerJames W. Motsay
Divya PotdarLydia S. RobinsonLinda L. Shields
George G. Tankard, IIISteven L. Tiedemann
Elva E. TillmanHon. Tony F. VittoriaChristopher R. West
Justin WrightMark A. Yost, Jr.
Tuesday, March 24 & Thursday, March 26, 2020
Chiapparelli's Restaurant 237 S. High Street, Baltimore, MD 21202
6:00 p.m. Cash Bar 7:00 p.m. Dinner & Opera
Featuring Live Operatic Arias by Peabody Artists as you dine.
*Tickets are $85 per person (guests invited) and include:
Appetizer
Salad Choice of Entree
Dessert Wine, Soft Drinks, Coffee & Tea with Dinner
Space is Limited - Register Early!
Limited Sponsorship Opportunities available,
for more information visit www.baltimorebar.org
*The value of the dinner ticket is $40 and is not deductable as part of your charitable donation. The balance may be deductible for tax purposes. Please consult your tax advisor.
The Baltimore Bar Foundation, Inc. is a private non-profit 501(c)(3) charitable organization and is registered with the IRS and the State of Maryland.
Financial information is available through the Baltimore Bar Foundation, Inc., and can be obtained for the cost of reproduction and postage.
SEE CITY BAR BRIEFS 16A
Monday, March 9, 202014A TheDailyRecoRD.com
SPECIAL THANKS TO OUR LAW FIRM SPONSORS
Law Offices of Peter T. NichollBaker, Donelson, Bearman, Caldwell & Berkowitz, PC
Philip C. Federico, Esq. (Plaintiff's Perspective on Releases)
Schochor, Frederico and Staton, P.A.
Rodd M. Santomauro, J.D. (Liens)
Vice President of Business Development Synergy Settlement Services
Joanna Wynes, J.D. (Liens)
Settlement Planner, Synergy Settlement Services
Moderators
Damien R. Banks, Esq.
The Law Offices of Peter G. Angelos, P.C. Christopher D. Wright, Esq.
Law Offices of Evan K. Thalenberg, P.A.
Admission is FREE for BABC members. Non-members - $40*. BABC members may RSVP
to [email protected]. Non-members may register by going to www.baltimorebar.org.
Program Generously Sponsored by
*Non-members can join the BABC and apply this fee towards their membership dues. Join at www.baltimorebar.org. For more information, email [email protected].
Monday, March 9, 2020 TheDailyRecoRD.com 15A
The Bar Association of Baltimore City Circuit Court for Baltimore City
and Baltimore Courthouse and Law Museum Foundation
2020 Term of Court Ceremony and
Stated Meeting
Thursday, April 2, 2020 4:00 p.m.
Clarence M. Mitchell, Jr. Courthouse Ceremonial Courtroom 400 Baltimore, Maryland 21202
Program
Greetings from the Circuit Court for Baltimore City The Bar Association of Baltimore City and
The Baltimore Courthouse and Law Museum Foundation
Introduction of New Attorneys
Presentation of the Restored Portraits of The Honorable Joseph R. Byrnes
John H.B. Latrobe, Esquire Senator Isidor Rayner
The Honorable Conway W. Sams
by Artist Perry William Carsley
Reception Following in Kaplan Court – 2nd Floor Admission is FREE. Advanced registration required.
Admission is FREE for BABC & WBA Members, Non-Members – $40
SPACE IS LIMITED – REGISTER EARLY! BABC & WBA Members may RSVP to [email protected]. Non-Members may register at www.baltimorebar.org. Advertising opportunities available for commemorative program book. For more information, contact Kathy Sanzone at [email protected].
Thank You to our Generous Supporters The Bar Association of Baltimore City The Baltimore Bar Foundation, Inc. Baltimore Bar Library Women’s Bar Association
Women’s History Month Program
Pathways to Leadership for Women: The Women Who Led
the Bar Association of Baltimore City
A video presentation, “Pathways to Leadership,” with a special tribute to Sheila K. Sachs, Esquire
First Female President of the BABC
Panelists
(listed in the order in which they served the BABC)
Elisabeth Sachs, Esquire | Daughter of the Late Sheila K. Sachs, Esquire
The Honorable Alison L. Asti | Circuit Court for Anne Arundel County
The Honorable Pamila J. Brown | District Court of Maryland for Howard County
Katherine Kelly Howard, Esquire | Regional Management, Inc.
The Honorable Joan Bossmann Gordon|District Court of Maryland for Baltimore City
Mary Alice Smolarek, Esquire | Wright, Constable & Skeen, LLP
The Honorable Lynn Stewart Mays | Circuit Court for Baltimore City
The Honorable Dana M. Middleton | Circuit Court for Baltimore City
(President Middleton will serve as Facilitator)
Tuesday, March 17, 2020 Clarence Mitchell Courthouse
Room 504 Baltimore, MD 21202
12:00 noon – 2:00 p.m.
The year 2020 marks the 100th anniversary of the passage of the 19th Amendment, guaranteeing and protecting women's constitutional right to vote. This historic centennial offers an unparalleled opportunity to commemorate a milestone of democracy and to explore its relevance to the issues of equal rights today. Thus, the Historical Committee of the Bar Association of Baltimore City (BABC) has elected to highlight the efforts of the ten women who have served as president in the BABC’s 140-year history. Come help us to celebrate the passage of the 19th Amendment and honor our ten women presidents. Hear the women who have led BABC during the past 33 years discuss why they undertook leadership positions and how you can achieve the organizational and professional success that they have achieved. The program includes:
The Bar Association of Baltimore City Historical Committee Elva E. Tillman, Esq., Chair
Presents
Constitutional Law Seminar: The Maryland State Constitution
(This is the second of two seminars, the seminars are neither redundant nor is one a prerequisite for the other.)
Moderator William B. King, Esquire
Venable, LLP
Tuesday, April 7, 2020 12:00 noon - 2:00 p.m.
Clarence Mitchell Courthouse, Room 504 100 N. Calvert Street Baltimore, MD 21201
Lunch provided. Admission is FREE for BABC members. Non-members - $40
Generously Sponsored by
Space is Limited – Register Early! BABC Members may RSVP by emailing [email protected]. Non-members may register at www.baltimorebar.org.
Guest Speaker
The Honorable Dan Friedman The Court of Special Appeals of
Maryland
Walking Tour at Green Mount Cemetery
Final Resting Place of Many Famous Women in History
Saturday, March 28, 2020 Green Mount Cemetery 1501 Greenmount Ave Baltimore, MD 21202
1:00 p.m.
We are pleased to offer again this year the very popular tour of the Green Mount Cemetery to visit the final resting place and hear of the history of some of the famous women buried there. The Green Mount
Cemetery opened in 1839 as the city’s first urban-rural cemetery. Green Mount is the final resting place of Johns Hopkins, Mary Elizabeth Garrett, Enoch Pratt, William and Henry Walters, Betsy Patterson
Bonaparte, Arunah Abell, Moses Sheppard, Isaac Emerson, Albert Ritchie, Theodore McKeldin, Robert Oliver, Harriett Lane Johnston, William Henry Rinehart, John H. B. Latrobe, A. Aubrey Bodine,
Walter Lord, John Wilkes Booth, and many more. The length of the tour is approximately one hour.
Space is limited to 20 participants – Register Early!*
Participants need to be able to navigate the tour independently as we will be walking on paved paths but also through the grass and steps of the graveyard. Wear comfortable shoes and bring
your camera! Parking is available inside the cemetery. Enter through the main gate and you will be directed where to park.
The registration fee for the tour is $15.
Register now online at www.baltimorebar.org.
*Guests are welcome, but limited to one per paying member. Ticket price for guest is also $15.
The Women’s History Month events are sponsored by
The Historical Committee of the Bar Association of Baltimore City The Bar Association of Baltimore City
Baltimore Bar Foundation, Inc. Baltimore Bar Library
Women’s Bar Association
Commercial Real Estate News and Interviews from the Ground Up!
Listen to commercial real estate reporter Adam Bednar interview industry leaders as he explores hot topics and issues impacting the state’s commercial real estate climate.
Tune in to this new Daily Record podcast series at TheDailyRecord.com.
Monday, March 9, 202016A TheDailyRecoRD.com
Continued from 12A
Continued from 13A
The President’s Messagetheir legal rights and entitlements. Other proposals include pre-mediation counseling, limited scope representa-tion, and non-lawyer advocates.21
How can attorneys participate in ADR, and increase access to justice?
Professor Kristen M. Blankley sug-gests that instead of using limited scope representation for standard litigation services, attorneys should consider offering services to help clients settle cases, not prolong them.22 The ABA Task Force on Access to Justice and Al-ternative Dispute Resolution provides several examples of how limited scope representation can increase attorney participation in ADR.
1. Negotiation Services or “Settle-ment Counseling”. The duties associ-ated with being settlement counseling entail factual investigation, generating settlement options, preparing for ne-gotiations, and reviewing any resulting agreement.23
2. Mediation Services. In addition to
the services mentioned Mediation rep-resentation might include the additional tasks of: attending mediation, preparing the client for mediation, drafting medi-ation communications, and reviewing mediated agreements. Additionally, act-ing as mediation counsel is also a good way for lawyers to engage in pro bono services.
3. Arbitration Services. The arbi-tration process is similar with the liti-gation process, but there are relaxed procedural rules and expert deci-sion-makers.24 Therefore, most lawyers should have the skills that clients need to act as arbitration counsel. Further, the shorter time frame and limitations on discovery and motion practice make this representation feasible for the at-torney, and valuable to the client.25
4. Collaborative Practice- Collabora-tive lawyers and clients agree to work with the other collaborative lawyer and the other side to exchange information and resolve the case amicably.26 If the collaborative process does not yield a solution, then the lawyers withdraw from the case and the parties are re-
quired to hire new lawyers for the liti-gation process.27
In conclusion, I hope this article pro-vides creative strategies and insight for all of us to increase access to justice. 1. See Nolan-Haley, Jacqueline, Mediation,
Self-represented Parties, and Access to Justice: Getting There From Here, http://fordhamlawreview.org/wp-content/up-loads/2019/03/Nolan-Haley-final.pdf. Febru-ary 27, 2020, page 78. Jacqueline Nolan-Haley is a professor Law at Fordham University School of Law, and Director of Fordham ADR & Conflict Resolution Program.
2. See ABA Section of Dispute Resolution - Task Force on Access to Justice and Alterna-tive Dispute Resolution, “Access to Justice through Alternative Dispute Resolution, White Paper”, https://www.americanbar.org/groups/dispute_resolution/resouces/access-to-justice, February 28, 2020, page 1.
3. Id. 4. Id. 5. Id. 6. Id. 7. Id. at page 2.8. See Zimmerman, Tina Drake, Representa-
tion in ADR and Access to Justice for Legal Services Clients, Georgetown Journal on Poverty Law & Policy, Volume X, Number 2, (Summer 2003), page 182.
9. Id. at 181.10. www.baltimorecitycourt.org/court-divi-
sions/civil/alternative-dipsute-resolution/11. Id. 12. Access to Justice through Alternative Dis-
pute Resolution White Paper; page 5. See Also, American Arbitration Association, Consumer Due Process Protocol (October 1, 2020); American Arbitration Association, Employment Due Process Protocol (Novem-ber 14, 2011).
13. Id at 6.14. Drake Zimmerman, Tina. Representation
in ADR and Access to Justice for Legal Services Clients, Georgetown Journal on Poverty Law & Policy, Volume X, Number 2, Summer 2003, page 185.
15. Id. 16. Id 17. Id. 18. Id. at 186.19. Id. 20. See Nolan- Haley at page 7.21. See Access to Justice through Alternative
Dispute Resolution White Paper at pages 8-9.22. Id. at page 8. See also, Kristen M. Blankley,
Adding by Subtracting: how limited Scope Agreements for Dispute Resolution Repre-sentation Can Increase Access to Attorney Services, 28 Ohio St. J. on Disp. Resol. 659, 662 (2013).
23. Id. at page 8. 24. Id. at page 11.25. Id. 26. Id.27. Id.
of the restored portraits of The Honorable Joseph R. Byrnes, John H.B. Latrobe, Esquire, Senator Isidor Rayner, and The Honorable Conway W. Sams; done by Artist Perry William Carsley. A reception will follow in Kaplan Court, 2nd Floor. Admission is FREE. Advanced registration required. Register via email at [email protected]. Space is Limited – Register Early! If you are an attorney who was recently admitted within the past year, or for more information, call 410-539-5936, or email [email protected].
Constitutional Law Seminar – The Maryland State Constitution – April 7
On Tuesday, April 7, 2020, from 12:00 noon – 2:00 p.m., in Room 504, Clarence Mitchell Courthouse, 100 N. Calvert Street, Baltimore, MD 21202, the Bar Asso-ciation of Baltimore City’s Historical Committee presents “Constitutional Law Seminar: The Maryland State Constitution.” This is the second of two sem-inars, the seminars are neither redundant nor is one a prerequisite for the other. Our guest speaker will be The Honorable Dan Friedman, The Court of Special Appeals of Maryland. The program will be moderated by William B. King, Esq. Lunch is generously sponsored by Venable, L.L.P. Admission is FREE for BABC members, Non-members – $40. BABC members may register by e-mailing [email protected]. Non-members may register at www.baltimorebar.org, or by calling 410-539-5936. Space is Limited – Register Early!
YLD Accepting Nominations for Rising Star, Public Service & Sustained Leadership Awards
The Young Lawyers’ Division of The Bar Association of Baltimore City seeks nominations for its Rising Star, Public Service, and Sustained Leadership Awards.
Nomination forms are linked to each award. Nominations are due by 4:30 p.m. on Friday, April 10, 2020. Awards will be presented at the YLD Annual Spring Social and Awards Reception to be held on Thursday, May 14, 2020, at the Lord Baltimore Hotel-Sky Bar (more details coming soon!). If you have any questions about the YLD awards, contact Stephen Demos at [email protected] or Natalie Amato at [email protected].
Call for Nominations for BABC’s Annual Government & Public Interest Lawyer of the Year Award and The Baltimore Bar Foundation’s Annual Fellows Award
The Bar Association of Baltimore City’s Government & Public Interest Lawyer of the Year Award is presented to a member of the Bar (does not have to be a member of the BABC) who selflessly serves the public good as a government or public interest lawyer, and excels in furthering the agency’s goals. Nominations are due no later than 4:30 p.m. on Monday, March 23, 2020. The Government & Public Interest Lawyer of the Year nomination form is available at www.baltimorebar.org. The award will be presented at the Government and Public Interest Lawyers’ Committee’s 15th Annual Awards Reception. More details coming soon!
The Baltimore Bar Foundation Annual Fellows Award is presented to a Bal-timore City attorney, law firm, or organization for exceptional contributions in furthering education and understanding of the role of the law in our democratic society. This award focuses public awareness on the contributions that attor-neys, law firms, and organizations provide to the community. The Fellows Award nomination form is available at www.baltimorebar.org. Nominations are due no later than 4:30 p.m. on Wednesday, April 1, 2020. The Fellows Award will be presented at the joint Annual Meeting of The Bar Association of Baltimore City, Baltimore Bar Foundation, and the Young Lawyers’ Division to be held on May 21. More details coming soon.
