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 The Latest News from the BCBA President Alan R. L. Bussard
May 2008
The Baltimore County Bar Association has many reasons to be proud, and none more so than the recent announcement of several prestigious awards being presented to three of our individual members in recognition of their outstanding accomplishments to the legal profession.
On March 15, 2008, the 2008 University of Baltimore Legacy of Excellence in Litigation ceremony and dinner was held at the Belvedere Hotel. Among this year’s recipients were BCBA members: Hon. Joseph F. Murphy, Jr. and Peter D. Ward.
Judge Joseph F. Murphy, Jr. is the 2008 recipient of the Charles Hamilton Houston Lifetime Achievement Award in Litigation. Charles Hamilton Houston served as Dean of the Howard University School of Law and was the first special counsel to the NAACP. He was the legal strategist behind Brown v. Board of Education and, along with Thurgood Marshall, participated in numerous other landmark civil rights cases. In 2004, University of Baltimore, with the blessing of the Houston Family, created an award in his honor. Past recipients include William H. Murphy, Jr., Albert D. Brault, the Honorable Lynne A. Battaglia, and George L. Russell, Jr. For Judge Murphy, this award comes on the heels of his elevation to the Court of Appeals in December 2007. As already mentioned, Judge Murphy was an Assistant State’s Attorney in Baltimore City, before entering private practice. In 1984, he was appointed to the Circuit Court for Baltimore County where he served for nine years. Thereafter, he was appointed to the Court of Special Appeals, and in 1996 became the Chief Judge. Judge Murphy has always found time in his busy schedule to assist in the education of both law students at the University of Baltimore, and more experienced attorneys through the many CLE programs offered by the Baltimore County Bar Association, the Maryland State Bar Association and MICPEL.
Peter D. Ward received the Legacy of Excellence in Litigation Award. Peter was a member of the class of 1962 of the University of Baltimore. His legal career has included being a member of the felony trial team of the Baltimore City State’s Attorney’s Office, where at one time he was joined by future judges Joseph Murphy, Thomas Bollinger, and Robert Dugan. Among the cases successfully prosecuted by Peter was that of Sam Green, then State’s Attorney for Baltimore County. Interestingly, Sandra O’Connor, soon to be State’s Attorney in Baltimore County, was also a member of the City State’s Attorney’s office when Peter was there. He went on to work at the Office of the United States Attorney’s Office in Maryland and joined Charles Bernstein when the Office of the Federal Public Defender was formed in 1974. In addition to his busy practice, Peter also teaches a litigation skills course at the University of Baltimore.
The Honorable Vicki Ballou-Watts has been named to the Daily Record’s 13th Annual Maryland’s Top 100 Women list. In fact, as a result of this being her third such recognition, Judge Ballou-Watts has been entered into the Circle of Excellence. Judge Ballou-Watts has also been active in the Maryland State Bar Association as a Faculty Instructor on the Professionalism Course for New Admittees. In the Baltimore County Bar Association she has served as Chair of the Continuing Legal Education Committee and the Professionalism Committee. Last year, she was elected to the Executive Council of the BCBA. She is member of the National Association of Women Judges and has been the Secretary of the Maryland Chapter.
It is nice to see that the accomplishments of these three individuals are being recognized for achievements that we, who practice in Baltimore County, have long known about.
April 2008
There are many people whose achievements and contributions to the world transcend those of ordinary individuals, yet they are largely unknown to most of us. At the same time, their impact on our lives is indisputable. I want to tell you about one of those persons who I knew quite well.
Prior to, and during the early years of World War II, there was a problem with developing a method for detonating a shell near the target. If shells were detonated either too early, or later after the shell had passed through the target, the effect would be minimal. In the earlier days of warfare, many of these shells had been manually timed, which gave the gunner one more thing to contend with, in addition to calculating the correct course, speed, range, bearing, and position angle. Of course, any error in calculations resulted in the target escaping damage. This caused a serious dilemma for the military.
In the summer of 1940 aircraft technology had improved, and the dire international situation created by Hitler’s invasions made the United States take a look at developing a Fuse which would detonate a projectile when in proximity of an aircraft or other flying object. In July of that year, a group consisting of members of the National Defense Research Committee and the Navy Department Council for Research, decided that the development of such a fuse was possible by using either electronic or photoelectric devices. People for this effort were recruited from all over the United States. The work on the proximity Fuse was top secret. In fact, persons working on the project were forbidden to discuss the matter even with their families. Even after the war was over many of the project participants refused to talk about their work.
The proximity fuse was invented in England in 1940, but developed mainly by the U.S. (with British collaboration) during World War II. Vannevar Bush, who was head of the U.S. Office of Scientific Research and Development (OSRD), later to become the Johns Hopkins University Applied Physics Laboratory, credits its development with three significant effects. It was important in the defense from Japanese Kamikaze attacks in the Pacific. It was an important part of the radar-controlled anti-aircraft batteries that finally neutralized the German V-1 (Buzz) bomb attacks on England. Third, it was released for use in land warfare just in time for use in the Battle of the Bulge, where it decimated German divisions caught in the open. General George Patton paid tribute to the Fuse developers stating, "I think when all armies get this shell we will have to devise some new method of warfare." Patton’s prophecy might well have come true except that within the year, the success story of the Fuse was dimmed by the development of atomic weaponry. Even this development, however, necessitated the continued use of the proximity fuse in the control of when the ‘A-Bomb’ was to detonate.
The development of the proximity fuse was done primarily by the Crosley Company of Cincinnati, Ohio. At that time, my uncle, Emmery Bussard, was a young engineer working for Crosley on the development of radio wave systems. He was recruited to join OSRD and, within the scientific community, has been generally credited with inventing the technology for the proximity fuse. As a young man, I recall visiting his house in Ohio and seeing the full size model of the fuse for the atomic bomb displayed in his den. When I would ask him about the Fuse and the model, my uncle would often speak proudly of the many lives that were saved in England as a result of defeating the Buzz Bomb. He would tell stories of being on Patton’s staff as a consultant for the use of the technology during the Battle of the Bulge. He would not talk about the A-Bomb. I learned much later that he believed he had been recruited under false pretenses to participate in the Manhattan Project and the development of the Bomb and never fully reconciled his contributions with his personal opinions regarding atomic warfare.
If these contributions were not enough, my Uncle Emmery continued his work on radio wave technology and is considered to be one of the 13 persons who were responsible for the invention of the television set. His specific contribution was the analog tuner. In case you were wondering, the Crosley Company and OSRD had a policy that all patents and the benefits derived from those patents remained the property of Powell Crosley, the founder of the company.
I know this story has nothing to do with Law. You could also say that the work of my Uncle Emmery wasn’t just engineering. His accomplishments saved countless lives and, at least in part, was responsible for the freedom we enjoy today. Now you know.
March 2008
In November, 1982, when I joined the Baltimore County Bar Association, I knew very few attorneys and judges. Barbara Fiorino, the BCBA Executive Director, promptly provided a plan to remedy that situation. She had me sign up for the Holiday Party in December, followed by the Annual Black Tie Banquet in January, and the Bull Roast in March. Each event, in its own unique way, gave me an entre into the Bar Association and its members. At the recent Black Tie Banquet, I recognized some of the members who were responsible for the creation, and continuing success, of these wonderful events.
This year’s Banquet was the 86th edition, and while its creators are long gone, the collegiality and comraderie which marked those early years still continues. No longer known as “Monday Night at the Fights,” the event, in its most basic form, is a reunion. A chance to renew friendships, tell war stories, and an opportunity to meet without worrying about clients, legal principles, and the like. There is no grand illusion or pretentiousness. The entertainment for the evening is the assembled attendees. Others have tried but failed miserably to duplicate the Banquet.
In 1982, several members of the State’s Attorney’s office wanted to find a way to honor one of their colleagues who had died at an early age. They organized what has now become the Annual Young Lawyers Bull Roast, with a designated charity and the Bar Foundation being the beneficiary of proceeds raised. The original plan was to raise enough money to fund a scholarship at the University of Baltimore School of Law in honor of Jeffrey Himmelstein. Twenty-six years later, the Annual Bull Roast continues to attract a large number of our members. The Young Lawyers continue the tradition of raising funds for various charities such as Cystic Fibrosis, United Cerebral Palsy, the Towson YMCA, and American Heart Association. The event is a great chance for new and not so new attorneys and their families to gather in a casual setting on a Sunday afternoon. It’s a chance to bring your children, listen to the music of John Nagle and The Mighty, Mighty Barristers, and to relax. At the Banquet we honored three members who were instrumental in starting this event; namely, Judge Dana Levitz, David Mister, and Jim Beach.
At the Banquet, I also wanted to recognize Lisa Mervis for her bold effort in starting the Family Law Committee monthly dinner programs. The first Family Law Committee Dinner meeting, in September, 1993, was hosted by Lisa at her home and was attended by nearly 100 attorneys, Judges and Masters. The Family Law Committee dinner has now become one of the most successful monthly programs our Association puts on. The dinners have become so successful that ever larger meeting forums have become necessary. The dinners attract both new and veteran attorneys, as well as Judges and Masters.
For those of us who appear in Court on a regular basis, the compiling of stories is part of the job. Indeed, Judge G. Darrell Russell, Jr. even published a book entitled Chronicles from Court, In My Own Write, in which he relates humorous stories from his years on the bench. Many of us were fortunate to have appeared before the Hon. William Buchanan in the 1980's and learned, first hand, that justice could be dispensed with fairness, and on an even-handed basis while not forgetting that tasteful levity had a place in the courtroom. Judge Buchanan’s remarks, intended and otherwise, became legendary, and have been passed on by an entire generation of law clerks. For a very green attorney, Judge Buchanan was a pleasure to appear before. He is a great example of the power that being nice can hold. It was for this reason that a special presentation was made to Judge Buchanan at the Banquet.
Finally, I want to thank Lee Jacobson and his mother for making available recordings of the many shows put on by Judge Leonard Jacobson and members of BCBA. Doris Barnes was able to have the old VHS tapes transferred to DVD format and shown at the Banquet to the delight of many.
February 2008
In my never ending search for ways to escape from the winter doldrums, I came across this item which should brighten your day, especially if you are of a certain age. This is from a sentencing memorandum in the case of Montana v. Andrew McCormack, and the presiding judge was Gregory R. Todd of the 13th Judicial Court of Yellowstone County, Montana, in Case No. DC-06-0323. Mr. McCormack was on trial for stealing beer.
Mr. McCormack, you pled guilty to the charge of Burglary. To aid me in sentencing, I reviewed the pre-sentence investigation report. I read with interest the section containing Defendant’s statement. To the question of "Give your recommendation as to what you think the Court should do in this case," you said, "Like the Beetles say, 'Let it be.'"
While I will not explore the epistemological or entomological overtones of your response, or even the syntactic or symbolic keys of your allusion, I will say Hey Jude, Do You Want To Know A Secret? The greatest band in rock history spelled their name B-E-A-T-L-E-S.
I interpret the meaning of your response to suggest that there should be no consequences for your actions and I should just Let it Be so that you can live in Strawberry Fields Forever. Such reasoning is Here, There and Everywhere. It does not require a Magical Mystery Tour of interpretation to know The Word means leave it alone. I trust we can all Come Together.
If I were to overlook your actions and Let It Be, I would have to ignore that Day in the Life on April 21, 2006. Evidently, you said to yourself I Feel Fine while drinking beer. Later, whether you wanted Money or were just trying to Act Naturally, you became the Fool on the Hill. As Mr. Moonlight at 1:30 A.M., you did not think for yourself, but just focused on I, Me, Mine. Because you didn't ask for Help, wait for something else, or listen to your conscience saying, "Honey, Don't," the victim later that day was Fixing a Hole in the glass door you broke. After you stole the eighteen-pack of Old Milwaukee, you decided it was time to Run for Your Life and Carry That Weight. But when the witness said, "Baby, It's You," the police responded, "I'll Get You," and you had to admit, "You Really Got a Hold on Me." You were not able to Get Back Home because of the Chains they put on you. Although you hoped the police would say, "I Don't Want to Spoil the Party" and "We Can Work It Out," you were in Misery when they said you were a Bad Boy. When the police took you to jail, you experienced Something New as they said, "Hello, Goodbye," and you became a Nowhere Man.
Later, when you thought about what you did, you may have said, "I'll Cry Instead." Now you're saying, "Let It Be," instead of, "I'm A Loser." As a result of your Hard Day's Night, you were looking at a Ticket To Ride that Long and Winding Road. Hopefully, you can say When I'm Sixty-Four, "I Should Have Known Better."
Dated this 26th day of February, 2007
Hon. Gregory R. Todd
District Court Judge
January 2008
2007 is in the books and I thought it would be a good time to update the members on
some of the items that have come before the Executive Council.
The Council authorized the recording and Podcasting of many CLEs, committee
programs, and other events. These Podcasts are being made available, free of charge, on
the BCBA website through the generosity of one of our sponsors, Gore Brothers.
The Bar Association has rapidly outgrown its present space on the first floor of the
County Courts Building. Despite the cosmetic changes to the office, adopting a “paperless office” concept, and the rearranging of the furniture, Doris and Carole are
finding that there is simply no storage space. The Executive Council has initiated a search
for additional space within the Courts Building which can be used for committee
meetings, conferences and storage, while maintaining the current office space for the dayto-
day operations of the BCBA.
The Executive Council, in response to an inquiry from the Committee to Study Extended
Media Coverage, voted to take a position which opposed expanded use of audio-visual
recordings and broadcasting of criminal trials. Such a position is consistent with that
proffered by Scott Shellenberger, State’s Attorney for Baltimore County. It was the
opinion of the Council that permitting cameras in the courtrooms would have the effect of
unnecessarily extending court proceedings and impeding legal discourse between the
Court and counsel. Further, the Council believed that extending media coverage and
placing cameras in the courtrooms would have a chilling effect on witnesses, particularly
children, who are already reluctant to appear.
The Executive Council voted to adopt the new rules and forms prepared by the Fee
Arbitration Committee. In doing so, the Council recognized the extraordinary work done
by Julie Janofsky and her committee to revise the rules and forms so that our fee
arbitration process will conform to the ABA standards.
The Executive Council approved the Lawyer Referral Service Committee’s outreach to
the Bar Associations of Frederick and Carroll counties after they were forced to disband
their referral services in the face of rising budget deficits. The BCBA Lawyer Referral
Service, at no additional cost to our members, is now able to make referrals to clients in
need of attorneys for legal work, not only in the Baltimore metropolitan area but also
Frederick and Carroll counties. Recently, at the MSBA Conference of Bar Presidents, the
Baltimore County Bar Association was recognized with a special award for this program.
Finally, I have started the process for the formation of a Past Presidents Committee.
Although the exact duties of this committee are unclear, it is my hope that we will be able
to benefit from the wealth of leadership talent that shouldn’t end simply because one’s
tenure on the Executive Council has come to an end. One of the goals of this new
committee will be to develop new ways to fund projects through the Bar Foundation,
possibly in the form of scholarships. I will provide further information on this committee
as the formation continues.
As always, should any member have any concerns, please feel free to contact me or any
of the members of the Executive Council.
December 2007
By the time this edition of The Advocate arrives in your offices, the holiday season will be in full swing. The Thanksgiving turkey will have been eaten, the football games watched, and the shopping has begun. December brings with it several events that should be of interest to our members. First, the Baltimore County Bar Association’s Annual Holiday Party will be held on December 4, 2007 at Christopher Daniel. This is always a fun event and this year’s menu planned by Doris Barnes is no exception. Following closely, the Young Lawyer’s Committee has planned another Library Party on December 6, 2007. This event has shown extraordinary growth over the years, due in large part to the hard work of the Committee. All persons who attend the party must bring either two children’s books or $10.00. An appearance by Judge Santa is also anticipated.
In the not too distant future, the Annual Black Tie Banquet will be held on Monday, January 28, 2008. The keynote speaker will be Governor Martin O’Malley. Also, because of the positive response to last year’s PowerPoint slide presentation, another assortment of photos and videos will be offered for your viewing pleasure.
In the Spring, the Bar Association’s annual Law Day celebration will be on May 1, 2008. The speaker for the Law Day Breakfast will be Gregory Kane, columnist for The Baltimore Sun. The noon day keynote speaker will be the Honorable Paul Grimm, United States Magistrate Judge. This year’s ceremony will be returning to the Courthouse portico with food being served on the plaza.
On behalf of myself and the Executive Council, I wish everyone a wonderful holiday season and look forward to providing the members with a full and productive new year of events.
November 2007
In the year leading up to a leadership position in the Baltimore County Bar Association, the President and President-Elect are inundated with literature and invitations to seminars from the Maryland State Bar Association and the American Bar Association. On the State level, the Local and Specialty Bar Committee sponsors a two-day retreat where Bar leaders gather to exchange ideas, and compare successes and failures of their respective associations. On the National level, the ABA provides numerous publications including The Bar Leader, which not only offers innovative thoughts for enhancing the Bar Association experience, but also allows Bar leaders from across the country to discuss what has not worked for their individual associations. Putting aside the trials, tribulations, and myriad of problems associated with mandatory Bar Associations, I have come away with the opinion that we, in Baltimore County, are indeed very fortunate.
Whether speaking with someone from elsewhere in the State or from California or North Carolina, the one question I have been repeatedly asked is - How does your association get 800 plus lawyers to go to a formal dinner in January and no one gets hurt? The fact of the matter is, I don’t know. I believe, however, that the success of the annual banquet and other programs put on by the BCBA are a direct result of generations of lawyer members that have gone before us, as well as the current members, particularly those who are involved in the numerous committees of the Association. Since I came to Baltimore County in 1982, I have found a willingness on the part of the Association to welcome in new members and to create opportunities for them to interact with more experienced members. Whether attending the banquet, golf outing, or a CLE on Wednesday morning, members may find themselves playing a round or sitting next to a Judge, senior partner of a large law firm, or just another attorney who has a similar practice with similar problems. I have also found that knowing one attorney in Baltimore County will likely result in the meeting of many others.
Although one traditional event no longer occurs in Baltimore County, I’m sure many will recall the shows put on by Leonard Jacobson in the 1980's and early 1990's. The only requirements for being in the show were to show up, know that Leonard was the boss, and have fun. It didn’t matter that you may be making a fool of yourself. The important thing was to have fun. For those who aren’t familiar with the shows, Leonard would take certain liberties with the lyrics of popular show tunes, pop or rap songs, while inserting a legal theme. The result was many entertaining shows, held at the Limestone and Towson Dinner Theaters, that generated money that was thereafter donated to various charitable organizations. More importantly, it was an opportunity to meet other attorneys and judges outside of the traditional legal settings. The cast members included Lee Jacobson, Harry Fox, Jeff Foreman, Dana Levitz, Barbara Howe, Larry Daniels, Jim Beach, Pat and Dominick Garcia, Dave Mister, Thelma Thompson, Alan Silverberg, and Gordon Peltz, to name a few. There is no better way to get to know someone than by sharing a crowded changing room, with nothing but a curtain between the men’s and women’s side. Seeing men putting on dresses and makeup alone was worth the experience. While sitting around at rehearsals, the war stories abounded. The camaraderie and the friendships developed from that time endure for all of us today.
I encourage all members to participate in the activities sponsored by our Association. For the younger members, events such as the Bull Roast provide a great chance to get your families involved. At the recent Crab Feast sponsored jointly by the Baltimore County and City Bar Associations, I noticed that several young attorneys were sitting with Judge Joseph H. H. Kaplan, from the Circuit Court for Baltimore City, and one of the luminaries of the legal profession. My wife and I shared a table with Judges Robert Kershaw and John Howard. From Baltimore County, Judges Kathleen Cox, Vicki Ballou-Watts, and Mickey Norman, as well as Dana Williams, President-Elect of the BCBA, ate crabs and shared stories with their law clerks and other young lawyers. The relationships and acquaintances developed at these events will prove invaluable.
The strength of our association is our members. Their willingness to place professionalism and respect for their fellow colleagues above personal animosity has set the standard by which other Bar associations judge themselves. We have reason to be proud. With this in mind, I encourage all to participate in such upcoming events as National Adoption Day, the annual Memorial Service, and the Holiday parties. Take the time to meet old friends and make new ones.
October 2007
In 1770, the British had stationed troops in many colonial towns to keep order. Anti-British sentiment was running high. On March 5, 1770, a group of about 400 Colonists gathered in front of the Customs House in Boston. The British soldiers became upset with the Patriots. Someone shouted "Fire!" and the soldiers shot into the crowd. Five of the Colonists were killed. The incident became known as “the Boston massacre.” Charges were promptly filed against the British officers and soldiers.
A local attorney was solicited to undertake the defense. He was well aware of the popular indignation against these prisoners, and he was at that time a representative of Boston in the general court, an office which depended entirely upon popular favor. Despite the possibility that accepting such a case might destroy his legal career, he not only provided a defense for the officers and soldiers, but succeeded in solidifying his reputation in the Boston area as an honest, though unpopular protector of human liberties. He first was able to sever the trial of the Captain from that of the soldiers, who were tried first. Their defense rested in part upon the orders, real or supposed, given by the officer to his men to fire. The strategy proved to be successful. At the trial of Capt. Preston, no such order to fire could be proved. Despite receiving personal threats and suffering professional criticism for agreeing to take on this unpopular case, he was successful in getting an acquittal for the Captain and five of the British soldiers. The other two were convicted only of manslaughter. The attorney’s name was John Adams and that same year he was elected to the Massachusetts General Assembly. He would be a principal author of the Declaration of Independence along with Thomas Jefferson, and later became the second President of the United States.
John Adams has been called the first public defender for his work on the Boston massacre cases. Several years ago, James K. Bredar, former Federal Public Defender for the District of Maryland, and now a United States Magistrate Judge in Baltimore, initiated the John Adams Award, which is given annually to a member of the Criminal Justice Act panel who exemplifies the spirit of Adams.
In Baltimore County, we have many attorneys who work in the public sector, either in the State’s Attorney’s Office, Office of the Public Defender, Legal Aid Bureau, or the Baltimore County Office of Law, who largely go unrecognized for their fine work. Many of us, in fact, began our careers in one of these offices and obtain ed experience that has proven to be invaluable. The citizens of Baltimore County are fortunate for the work being done by these attorneys.
September 2007
Summer is a time to relax, enjoy outdoor activities with family and friends, and prepare for the future. The immediate short term future may be getting your children back to school, taking one more vacation before Winter sets in, or working on that case that has been postponed into the Fall. The long term, on the other hand, may hold a few more surprises, especially for those who practice law.
Recently, I had the opportunity to attend a seminar given by Thomas L. Friedman, author of The World is Flat. In his book, Friedman describes how, in the seeming blink of an eye, technology has dramatically changed how business, the practice of law, and our personal lives are conducted. For example, we speak to customer service representatives for Dell, who are sitting in Bangalore, India, who e-mail our purchase confirmations and assure us that the computer we just ordered is being assembled in China and will arrive within 72 hours. Just a little over 10 years ago, fax machines were still using thermal paper that curled and faded within days. We carried our cell phones in satchels that often required shoulder straps. Discovery, which now arrives at our office on CD/DVD formatted discs, arrived at our office in boxes. The desktop/laptop computer, as well as that PDA smartphone, have become an ubiquitous part of our practices. We now receive e-mails, sometimes with attachments, from attorneys who are pecking away on their Blackberrys while sitting in court. Whether all of this is a good thing is not for me decide. The fact of the matter is that all of this is likely to be just the beginning.
Mr. Friedman discussed two recent developments that will likely impact all of us. The first is the outsourcing of legal work as a means of enhancing one’s practice. Consider that there are one million lawyers in India, most of whom earn $6-12 per hour. As many as 20% of these attorneys have been trained in the United States. They came to the United States to attend the best law schools and to network with others who will be entering the legal workforce. The plan is for these fledgling lawyers to attend not only Ivy League schools but also top ranked State law schools. There, they become proficient in the laws and practices of a particular state. Upon their return to India, an internet marketing campaign puts them in contact with law firms in the U.S. which require immediate legal services. These attorneys will work for $30.00 per hour, as opposed to a $250 or more per hour rate, and through the use of the internet and e-mail, the turnaround can be overnight. The law firms, in turn, are able to provide services to clients more quickly, and at a reduced rate. An ABA research survey of attorneys revealed that when questioned about outsourcing, most lawyers believed that it would have no effect on them, and that they were not concerned with outsourcing. Essentially, they were taking the “head in the sand approach.” When potential clients were polled, however, over 40% indicated that they wanted their attorneys to provide prompt legal services at a lower cost to them. If Dell can make it work in the business environment, the law profession cannot be far behind.
The second, and more disturbing trend, is the proliferation of legal websites which offer the public everything from simple advice to legal forms to assistance settling person injury cases, all without once speaking with an attorney. One such site is Legalzoom.com®, created by Robert Shapiro of O. J. Simpson fame. For a fee of about one tenth what a law firm would charge, one can form an LLC, obtain a lease, get a pleading, or write a will, to name a few, all State specific. At another site, Cybersettle.com®, which has partnered with AAA, a person can obtain an insurance settlement merely by entering figures on the website. Another is Smartsettle.com®, which is geared specifically to personal injury cases. Again, no attorney is involved. Should we be concerned? There are issues involving the unauthorized practice of law, multi-jurisdictional practices, and liability concern. Food for thought. The future may be coming much quicker than we suspect, and it may be affecting our practices in ways we never anticipated.
I leave you with this account of how one problem solver dealt with a problem. Hopefully, we can do better. After the Duke lacrosse incident, the President of Duke University promptly fired the lacrosse coach, without even conducting an investigation. Later, when asked whether he would have done the same thing if it had been the basketball team instead of the lacrosse team, the President said he would have handled it the same way - he would have fired the lacrosse coach!
July/August 2007
For the next year, it will be my honor to serve as President of the Baltimore County Bar Association. Being a country boy from Frederick, who arrived in Baltimore County knowing few people, it is truly a humbling experience. To have been accepted into the legal community of Baltimore County means more than words can properly express. I have made friendships that have endured over 25 years and I’m sure will last a lifetime.
As I begin my term, I want to first express my sincere appreciation to all of my predecessors, and particularly Debra Schubert, for her fine service to the Association. It has been a very good year, and I know it was difficult because of the death of her father. I also want to thank the members of the Executive Council, past, present, and future, for the hard work and support they have shown to Debra.
In 1982, with the encouragement of Judges John P. Rellas and James Sfekas, friends of my in-laws, I moved to Timonium, after attending law school in Virginia. I vividly recall expressing to Judge Rellas my fear that I wouldn’t know anyone and that no clients would hire me as an attorney. His response was one that I’m sure many fledgling attorneys heard over the years - “Don’t worry. Go see Barbara in the Bar Office and everything will be alright.” Of course, he was speaking of Barbara Fiorino, the public face of our association and a major source of support for an entire generation of lawyers in Baltimore County. So, with much uncertainty, and not a small amount of trepidation, I ventured into the Bar Office on a cool November morning and was met by the warm, welcoming smile that Barbara gave to all who came into the office.
As I came to learn over the years, Barbara knew everything there was to know about the Baltimore County legal community. What she didn’t know simply was not worth knowing. While I was sitting in the office that first day, she must have introduced me to at least one half dozen people, including lawyers I soon realized were either past or future presidents of our Association or future judges in our courts. Sure she knew some attorneys who had office space available. She always knew such things because, as I came to realize, Barbara was the repository for all things legal and non-legal in Baltimore County. Attorneys just felt comfortable confiding in her about their legal war stories, as well as intimate parts of their personal lives. I came to believe that Baltimore County lawyers often told Barbara things that they would never have considered telling anyone else, and never once did she ever betray their confidences.
I mentioned Barbara Fiorino and the outstanding service she provided to our Association because the standards she set are being carried on today by Doris Barnes. In many ways Doris is preparing the Baltimore County Bar Association for our adventure into the future. In the relatively short time she has been with us, Doris has taken on many of the good roles that Barbara played in our lives. She also has the vision to keep us moving forward. Doris, along with Carole Otte, provide a very warm, professional, haven within the courthouse and we are very fortunate to have both of them with us.
The theme for my year as President is “Honoring the past while looking to the future.” Several weeks ago, Terri Beck suggested that we should be recognizing those members who started the traditions that have become an integral part of the Bar Association’s success. To that end, I will be proposing to the Executive Council and the Committee Chairs that we develop a way to honor those members who have largely gone unrecognized for past contributions. Also, in keeping the past in perspective, Harris “Bud” George, Chair of the Historical Committee, will be providing periodic columns in the Advocate with anecdotes of past events of interest.
In order to make the Bar Association meaningful and accessible for our members, I believe we need to make our resources available in new and varied ways. We are no longer a small time operation. I say all of this because when I started in 1982, there were approximately 450 members of the Baltimore County Bar Association. As of June 1, 2007, there are almost 1,500. In the hope of keeping pace with technological developments, and fulfilling my goal of finding ways for the Bar Association to assist its members to be better prepared for the future, I have asked Judge Daniels, Chair of the Technology Committee, to explore ways of getting information to more of our members. Doris Barnes, our outstanding Executive Director, has already begun the process by making The Advocate available in electronic format, which can be accessed through the Association website. She also has set up a process for payment of association events by credit card. One such innovation that has been used successfully by the Maryland State Bar Association is PodCasting. That is, digitally recording CLE programs and making them available through the internet, to be viewed on your personal computer, at a time and place of convenience. While not a perfect substitute for attending a live presentation, these recordings do permit the busy practitioner to still obtain the benefit of fine CLE programs.
The Bar Association will continue our long tradition of supporting programs and initiatives outside the legal profession. I have decided that the Family Crisis Center will again be the designated charity for the Baltimore County Bar. Debra Schubert selected the Family Crisis Center after personally meeting with the program’s personnel and touring the facility. I can attest to the appreciation Lisa Muscara, Assistant Program Director, expressed to me, after our recent contribution to the program. I sensed that the funds being donated to the program were not just being placed in a large pool of money, but rather were being used to directly aid families in need. It was this personal touch that convinced me that the Family Crisis Center deserved to be our designated charity for another year.
I also encourage our members to support current efforts to make the Baltimore County Police Memorial more accessible to those who wish to honor fallen officers. The plan calls for constructing a pathway and benches without actually moving the present structure. The current memorial was established through the hard work and dedication of Past President G. Warren Mix and is located in the plaza outside the County Courts Building. The current initiative also has the support of the Baltimore County State’s Attorney Scott D. Shellenberger.
In closing, I encourage all members to contact me with any concerns they may have about the Association. I look forward to a great year and meeting each of you at one of our many events.
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