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
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
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
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
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
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
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
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
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
Cornelius D. Helfrich
Of Governors : Minutes :
November 19, 2002