On the Record

On the Cover:  Welcome to the first Monday in October! This morning marks the Supreme Court debut of Maryland Attorney General Douglas F. Gansler and Assistant Public Defender Celia Anderson Davis, who will argue over a Hagerstown man’s child sex abuse conviction. The question is whether a request for counsel, years earlier, should have stopped police from questioning the suspect without a lawyer after they obtained additional information. Read the main story, some advice from Gansler’s predecessor, and a preview of the new term.

In the News: The Court of Appeals heard argument in a legal malpractice case that challenges the “case within a case” methodology … the ban on self-represented lawyers claiming attorneys’ fees applies even to bad faith or frivolous actions, the Court of Special Appeals holds … Maryland Legal Services Corp. renews its quest for a higher filing-fee surcharge … Sen. Ben Cardin finds a civil audience for his health-care talk at UB Law… and a former CBS Early Show personality appeals a ruling that knocked out his medical malpractice claim.

Also:

• Paul Tiburzi remembers the time he argued against the D.C. lawyer who went on to become Chief Justice of the United States;
• An Owings Mills man got a $588,000 verdict in his lawsuit against a home-improvement contracting firm, but will also seek to hold the contractor individually liable;
• Read the Week in Review and our Law Digest, this week with cases from the Court of Appeals, the 4th Circuit and the U.S. District Court for Maryland.

ON THE COVER: Ethics and the Internet – The World Wide Web can be a great marketing tool, directing potential clients to an attorney at the click of a mouse. But a nationwide complaint alleges many lawyers using the technology might be violating ethical rules.  

It will be legal-acronym heaven in Baltimore this week, as Charm City hosts the American Bar Association’s Section of Environment, Energy and Resources’ annual fall meeting. Hundreds of lawyers are expected to discuss RCRA, CERCLA, EPCRA, FIFRA, NEPA, etc.

Breaking News: Four partners leave Whiteford, Taylor & Preston for Wright, Constable & Skeen; public defenders will meet with a board member who voted to fire their former leader Nancy S. Forster; Greetings & Readings settles a four-year legal dispute with its former landlord; and another round of litigation tees off in an ongoing dispute over a golf course development venture.

Over the defense’s objection, a federal judge in Baltimore allows DNA collected from a gunshot victim’s bloody clothes in 2000 to be used as evidence in his trial for a 2004 murder.

Verdicts & Settlements: Prince George’s County jury awards $1.3 million in wrongful-death case after deliberating for only 45 minutes.

Saying it beats driving, attorney H. Mark Stichel regularly bikes the more than 14 miles between his Owings Mill home and his Baltimore office.

Stay up to date with the Law Digest, which includes cases from the Maryland Court of Appeals and the Maryland Court of Special Appeals.

They didn’t set out to hang out their shingles — at least, not yet — but the economy made it the most attractive option for these new solo practitioners. Read The Accidental Solo, this related story on setting up shop, and these tips on running your own practice.

The University of Maryland law school’s Appellate and Post-Conviction Advocacy Clinic highlights its summer wins and is taking a setback in stride, as one of its recent clients got arrested on a charge similar to the one the clinic helped get expunged.

Topping the news are stories about the firing of Public Defender Nancy Forster and a citation against a Charles County judge for letting the air out of a court worker’s tire. In Legal Briefs, Chief Judge Bell sends another letter – this time, seeking Social Security numbers for the Client Protection Fund.

In Verdicts & Settlements, a Baltimore jury awards more than $1 million to the children of a young woman who died after surgery to resolve her blood clots. And, in Unbillable Hours, meet a Montgomery County lawyer who coaches high school football players in more ways than one.

PLUS: On the Move; columns by Legal Aid’s Joe Surkiewicz and Dolan Media’s Justin Rebello; and our weekly Law Digest, featuring eight opinions by the 4th Circuit.

On the Cover: Right on the Money – Murder. Larceny. Can this really be a civil insurance case?

Also, a 2-1 panel of the 4th Circuit upholds the federal sex offender registration law and a regulation that makes it apply retroactively.

In Breaking News, a retired Rockville lawyer escapes disbarment by a single vote on the Court of Appeals, and Baltimore County Circuit Judge Lawrence R. Daniels says he will not run for re-election.

Read about a settlement between a Baltimore dry cleaner and a Lutherville couple who claim the store ruined their wedding attire, in Verdicts & Settlements.

In this week’s Pro Bono, real-estate lawyer Sophie Dagenais discusses her effort to get arabbers — horse-and-cart produce vendors — a new headquarters.

Joe Surkiewicz explains why IOLTA doesn’t work, in his Of Service column.

Stay up to date with our Legal Briefs and Case Digest, with cases from the Maryland Court of Appeals, Maryland Court of Special Appeals and the 4th U.S. Circuit Court of Appeals.

Are you an employer looking to hire lawyers? As in, more than one? Do you know of someone who is?

Stop laughing. I’m serious.

I’ve been writing a lot lately about the terrible legal job market, which just gets worse every time a firm lays off more lawyers. But there are law firms, companies, nonprofits and government agencies out there that are hiring, some of them extensively. I’ve already talked to a few for an upcoming Maryland Lawyer feature on why some employers are going against the conventional wisdom by actively seeking new attorneys.

But I’m still looking for more. So if you know of a Maryland employer who’s hiring, please drop me an e-mail.

With declining markets and law-firm layoffs in the news, soon-to-be lawyers are wondering about their own job prospects, Caryn Tamber writes. Prospects are looking up, though, for two civil servants who were fired after campaigning for their newly elected boss’s opponent. The Court of Appeals said the workers should not have been booted out of court on summary judgment motions.

In other news:

• The top court reprimanded a long-time lawyer who was “up to the elbows” in work when he received an inquiry from Bar Counsel;
• An engagement letter with one lawyer capped the fees the firm could later charge for work by any of its lawyers;
• A jury rejected claims of abuse at a centuries-old treatment center for disturbed children, but awarded the plaintiff $239,000 for his broken hip from a slip-and-fall;
• The Court of Appeals considered whether a defendant was denied his right to an attorney of his choice when the lawyer he thought he had hired sent his law partner to represent him at trial; and
• Stevenson University’s new mock-trial courtroom made its debut with more bells and whistles than many real courtrooms enjoy.

In Verdicts and Settlements, a jury awarded $300,000 to an Essex woman who was the victim of a botched carpal tunnel syndrome release surgery in September 2004. And in Profiles in Leadership, Brendan Kearney checks in with Stephen J. Nolan, now serving a one-year term as chairman of the American Lung Association.

Read Jim Astrachan’s Legal ADvice column (print only),  Of Service by Joe Surkiewicz; Judge on the Jury by Judge Dennis M. Sweeney, and a letter to the editor.

PLUS — News briefs, On the move, and our Law Digest, this week with 15 cases from the Maryland Court of Appeals and Special Appeals, the Supreme Court and 4th Circuit, and the U.S. District Court.

The Snow Bird’s latest “sail or sale” date is a week from Friday and the long-stuck ship’s odds of floating out of Baltimore and down to dry dock in the Dominican Republic — its owner’s plan — any time soon are starting to look like a snowball’s chance in…the Caribbean heat.

Sure, the owner, Deo Singh, has paid the majority of the bills that led to the arrest of the ship by its creditors — in addition to its detention at the hands of the U.S. Coast Guard — last April.

And yes, all the seafarers are back to bunking on board after most of them spent a February weekend at the Baltimore Travel Plaza’s Best Western hotel because the Snow Bird’s heating system temporarily broke down.

But according to brief updates filed in court last week by attorneys for the ship and the pier where it’s docked, Singh still owes Canton Stevedoring Inc. about $40,000, a debt that increases by $1,000 each day; the ship still requires many repairs to pass Coast Guard muster, people familiar with the ship say; and the global economic downturn looms in the background.

J. Stephen Simms, an attorney for the pier owner, wrote that it remains “unclear” whether the Snow Bird will receive that approval by the end of next week. David W. Skeen, the ship’s advocate before U.S. District Judge Catherine C. Blake, struggled to strike an optimistic tone.

“The parties continue to discuss the resolution of Canton’s claims and removal of the vessel away from the pier,” Skeen wrote. “Hopefully this will occur prior to the scheduled sale date on March 20, 2009.”

(Reached Monday afternoon, Skeen said Singh, Canton Stevedoring President Rex Wheeler and Lt. Robert Webb of the U.S. Coast Guard are tentatively scheduled to meet on Thursday. Webb said he has discussed such a meeting with Wheeler, emphasizing it only makes sense if Singh is directly involved, but has not confirmed a time.)

But before anyone writes off the beleaguered boat, remember Singh has saved his ship from the U.S. Marshals’ auction block on previous occasions by coming up with cash and promises at the last minute.

What will become of the Snow Bird?

BRENDAN KEARNEY, Legal Affairs Writer

ON THE COVER:  As the effective date of the Genetic Information Non-Discrimination Act of 2008 looms, employers are asking what they must do to comply with the law to avoid high penalties and punitive damages.

The Court of Appeals holds that a jury instruction on cross-racial identification was misleading.

In Breaking News, the Court of Appeals announces new First Amendment jurisprudence for cyberspace; New York court censures Kimmel & Silverman partners; former Gov. Robert L. Ehrlich Jr. honored by University of Maryland School of Law students; and Graciano Corp. files a petition for a lien against a parking garage owned by Peter Angelos.

Deliberations begin in the ExxonMobil leak trial.

Joe Surkiewicz writes about a new film that will help balance the scales of justice in Baltimore City rent court in his column Of Service.

In Verdicts & Settlements, a Baltimore public defender settles his lawsuit against an officer who arrested him outside a city strip club for loitering.

Lawyer mom flips over skateboarding son in Unbillable Hours.

Stay up-to-date with our Legal Briefs and Law Digest, featuring cases from the U.S. 4th Circuit Court of Appeals.

CHRISTINA DORAN, Assistant Legal Editor

ON THE COVER:  While the death penalty and police surveillance may be this year’s hot topics, legislators also plan to tackles issues such as development controls and victims’ rights during the 2009 General Assembly session.

Through foot patrols, community meetings, media awareness and security details, the Guardian Angels aim to deter crime in Baltimore. Read about the organization and watch a video of the Guardian Angels raising awareness about a recent hit-and-run accident. 

In Breaking News, the Court of Appeals hears arguments on whether legal representation at bail hearings should be required; the U.S. 4th Circuit Court of Appeals strikes down a federal sex offender law allowing for civil commitment beyond offender’s prison term; and a Baltimore County jury awards Miles & Stockbridge P.C. more than $18,000 in its fee dispute with Howard County homebuilder Vincent S. Serio.

Joe Surkiewicz discusses the grim, yet hopeful, outlook for legal services in 2009 in his column Of Service.

In Verdicts & Settlements, the city of Baltimore has agreed to pay $80,000 to a New Era Academy student who tripped over a raised man-hole cover while running to catch the bus.

Read about how Paul Day and Jennifer K. Squillario provide legal services to the SPCA in this week’s Pro Bono.

Stay up-to-date by checking out the Law Digest, with cases from the Court of Appeals, Court of Special Appeals, U.S. Supreme Court, U.S. 4th Circuit Court of Appeals and U.S. District Court, Maryland.

CHRISTINA DORAN, Assistant Legal Editor

ON THE COVER: Lawyers find meaning in misfortune by overcoming tragedy in order to give victims a voice. Caryn Tamber writes about two lawyers who turned life-changing experiences into a chance to help others — and new careers.

Changes made by Congress to the Americans With Disabilities Act — including an expanded definition of disability — went into effect on Jan. 1.  Legal Affairs Writer Steve Lash writes about the possible impact the changes will have on both employers and employees.

In Breaking News, the Court of Appeals denies a veteran New York lawyer admission to the bar after he failed to disclose a DWI arrest; the Court of Special Appeals sends back a lawsuit on whether a certain class of state employees is entitled to be paid for on-call time; and the 4th U.S. Circuit Court of Appeals ruled that crack-cocaine dealers whose prison terms were specified as part of guilty pleas are eligible for reductions in those sentences as a result of recent changes to the U.S. Sentencing Commission guidelines.

In Verdicts and Settlements, a midwife reached a $51,000 settlement with Maternity Center Associates Ltd. in a lawsuit claiming the birthing center did not pay for her insurance coverage.

Legal Affairs Writer Steve Lash writes in Unbillable Hours how Christopher C. Fogleman and Larry D. McAfee take their courtroom skills on to the field when coaching their Little League all-star teams.

Keep up to date by checking out our Legal Briefs and Law Digest, with opinions from the Maryland Court of Appeals and U.S. 4th Circuit Court of Appeals.

CHRISTINA DORAN, Assistant Legal Editor