Board Of Governors
Board Of Governors : Minutes : November 19
, 2002

MEETING - 5:45 P.M.

The Board of Governors of the Maryland State Bar Association met at the location, date and time indicated above. 30 members of the Board of Governors were present. Paul Carlin and selected members of his staff were in attendance.

President James Nolan called the meeting to order at approximately 5:45 p.m.

Approval of the Minutes of the Board of Governors meeting of September 24, 2002 and October 25, 2002 were approved.

1. James Nolan gave the President’s Report.

a. President Nolan reported that he has begun to contact the larger law firms in the State to encourage the re-involvement of those firms and their members in the MSBA. The meetings have been very encouraging.

b. He referred to articles published in the November 2, 2002, edition of The Daily Record, profiling MSBA President James P. Nolan and the YLS Disaster Relief Fund as part of the publicity surrounding The Daily Record’s Leadership In Law Awards Program. The Board was provided with a list of organizations that support The Daily Record’s Leadership In Law Awards Program.

c. He advised that on Friday, November 1, 2002, The Daily Record published a favorable article on the YLS November 5, 2002 Novemberfest. It was reported that this year’s Novemberfest raised three times the money as was raised last year. All of the proceeds were donated to the Southern Maryland Legal Aid Bureau. The President noted that Scott Tate, Esquire and Ruth Ann Bennett, Esquire, had Co-Chaired the event which was very successful.

d. He discussed several articles appearing in The Baltimore Jewish Times, The Sun and The Towson Times, discussing the Baltimore County Judicial Election.

e. He discussed an article in the November 2002 business section of The Capital Gazette regarding lawyers reporting their pro bono activities.

f. He provided the Governors with a copy of a letter to Pamela J. White, Esquire, from Jane Elizabeth Curran, President of the National Association of IOLTA Programs, enclosing a copy of the amicus brief filed with the Supreme Court of the United States.

g. He provided copies of two Orders signed by Judge Lynne A. Battaglia of the Court of Appeals of Maryland which prohibited two professionalism course scoff law lawyers from practicing law in the State of Maryland.

h. He discussed House Resolution 5457, which is a bill to amend the Gramm-Leach-Bliley Act to exempt attorneys from the privacy provisions of that Act. It was moved, that the MSBA support this corrective legislation. The Motion was seconded and passed unanimously.
The Governors reviewed the November 2002 article relating to the State Bar of Wisconsin joining the amicus brief filed by the New York State Bar Association against the Federal Trade Commission seeking a declaration that law firms and lawyers are not financial institutions under the Gramm-Leach-Bliley Act.
He provided the Governors with a copy of a notice from the ABA that Alfred P. Carlton, Jr., President of the ABA had formed a Task Force to provide the ABA’s views to the Securities and Exchange Commission as it develops minimum standards of professional conduct for lawyers practicing before the SEC.

i. He reviewed the letter from the ABA President, Albert P. Carlton, Jr., to the U.S. Chamber of Commerce, discussing certain anti-lawyer advertising sponsored by the U.S. Chamber of Commerce. He further reviewed an e-mail from Jody Ebersole, Esquire, a current BOG member concerning the Carlton letter. It was suggested and agreed that the BOG continue to monitor developments in this on-going discussion between the Chamber of Commerce and the ABA on this topic.

j. He reported that the Practice of Law Committee had been re-appointed with Donald Proctor, Esquire, as Chairman. The previously discussed ABA proposed definition of “the practice of law” was referred to that Committee with a request that the Committee report before the December 17, 2002 Board meeting.

k. He provided a review by decades of BOG representation so that the Executive Committee might have a better grasp of how the current representation has evolved.

l. He reported attendance at the following events: He attended the Women’s Bar Association meeting held on November 4 where Judge Anne Harrington received the Rita Davidson Award; he and President-Elect, Harry Johnson attended the J. Franklyn Bourne Annual Meeting on November 7; he attended the Women’s Law Center Twentieth Anniversary Dinner on November 13.

m. He discussed the annual request by the ABA for nominations by the MSBA of members who might be appropriate recipients of various ABA awards. It was moved, seconded and approved that the request for nominations be forwarded to the appropriate local and specialty Bars with the request that the Bars respond to the MSBA in a timely manner as to whether or not they wish to nominate anyone and further, whether or not they are in a position to complete the lengthy nomination forms provided by the ABA.
It was recommended by the BOG that the requests for nominations be placed on the MSBA website.

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

a. He reported that the total MSBA membership count as of November 19, 2002, was 19,848 members, including 19 resignations, 3 dropped members, 6 deceased members, 13 new members and 17 reinstatements. He reported that Stephen Markey, Jr., Esquire, and Herman E. Perdue, Esquire, had qualified for honorary memberships. It was moved, seconded and approved by the BOG that both members be awarded honorary memberships.

b. He noted that 1,011 persons had passed the most recent Bar Exam and that that number represented a 69% passing rate.

c. He provided the Board with the reports of the announcements of the BOG Nomination Procedures and the Districts from which Governors will be elected this year.

d. He introduced Janice Jones Branch, the new Marketing Coordinator to the Board.

e. He provided a copy of a Memo to all MSBA Section Chairs, Vice Chairs and Section Committee Chairs indicating the parameters of MSBA cooperation with MICPEL and the MSBA support of MICPEL.

f. He provided a copy of a letter sent by Diane Leigh Davison, Esquire, soliciting attorneys to join a newly formed Committee on Entertainment & Sports Law.

g. He provided a copy of a letter from Alvin I. Frederick, Esquire. Mr. Frederick frequently represents attorneys who are having discussions with Bar Counsel and he wrote to the MSBA to inform of the effectiveness of the LAP.

3. Cornelius Helfrich gave the Secretary’s Report.

a. He reported that the Minutes of the Executive Committee meeting held on November 12, 2002, were substantially included in the Agenda for this meeting.

b. He further noted that Chief Judge Robert Bell was the Luncheon Speaker at the American Academy of Matrimonial Lawyers, Maryland Chapter, Family Law Symposium on November 11, 2002, and Chief Judge Robert M. Bell praised the MSBA and President Nolan for the MSBA’s and his efforts on behalf on the Pro Bono amendments.

c. The Secretary further noted that the Solo and Small Firm Technology Conference held on November 9, 2002, in Columbia, MD, which was very well attended and an excellent program.

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

a. He reported the following for the MSBA as of October 31, 2002: total dues income of $2,225,384.60; that the total income was $2,454,186.23; that the total expenses were $926,857.86, leaving a surplus of $1,527,328.37.

b. He requested approval of Budget Amendment Request Number 2 for the purchase of new servers, workstations, monitors and software for the MSBA office. He noted that the expenditure, if approved, would be expended from capital reserve and that the Budget and Finance Committee and the Executive Committee had approved the Budget Amendment. After a brief discussion, it was moved and seconded to approve Budget Amendment Request Number 2, requesting $98,670.00 for the aforementioned servers, workstations, monitors and software, costs of installation and costs of conversion of the current system to the new system. The Budget Amendment Request Number 2 was unanimously approved. Mr. Carlin thanked Lawrence Hicks for his very hard work in putting together the proposal.

5. Reports of the Standing Committees.

a. Buz Winchester, MSBA’s Director of Legislative Relations, reviewed effective changes in the Maryland Legislature after the 2002 elections. After a brief discussion of contested judicial elections, the BOG then discussed what, if any, recommendations to make to Governor-Elect Ehrlich concerning judicial nominating commissions. It was clear that prior Governors Schaefer and Hughes had used a commission model that involved six attorneys elected by the local bar association, six citizens appointed by the Governor and a Chair of the Commission appointed by the Governor (who was an attorney). Governor Glendening’s Commission involved four attorneys elected by the Local Bar Association, two attorneys appointed by Governor Glendening, as well as six citizens appointed by Governor Glendening. Governor Glendening also appointed the Chair who may or may not be an attorney. Paul Ethridge, a Governor from Montgomery County, moved that the BOG go on record with Governor-Elect Ehrlich as supporting the Schaefer-Hughes model. That Motion was seconded. After much discussion, it was moved to call the question. The Motion to call the question was seconded and passed unanimously. The major Motion to support the Governor Schaefer-Hughes model passed.

6. Unfinished Business and General Orders.

a. President Nolan discussed a letter from Albert D. Brault, Esquire, to President Nolan discussing the issue of alternate jurors and their relationship to the size of jury panels in civil cases. He noted that the new Rules Committee which he had appointed was working well and invited any of the Governors to comment directly to them or him on any issue, including the size of juries.

b. He noted that the Business & Technology Court was still being discussed and particularly the funding thereof in light of the fact that Delegate Casper Taylor was a strong proponent of the Court and had been defeated in the last election.

c. President Nolan discussed the lapsed line of credit with MICPEL. He noted that there are still some open spaces for the Mid-Year meeting.

d. He thanked Past-President, Richard Sothoron and the BOG members, Ed Gilliss and Pat McKeever for all of their work planning the programs for the Mid-Year Meeting.

e. It was announced that since there is only one candidate for each of the open officers positions, there would be one nomination and nominator would speak for only five minutes in keeping with past tradition.

There being no further business to come before the Board of Governors, the meeting was adjourned at approximately 7:35 p.m.

Respectfully submitted,

Cornelius D. Helfrich


Board Of Governors : Minutes : November 19, 2002