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lawlibrary

2013 in review

The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog.  The AACPLL’s New Year’s resolution: more posts for 2014!

Here’s an excerpt:

A San Francisco cable car holds 60 people. This blog was viewed about 1,000 times in 2013. If it were a cable car, it would take about 17 trips to carry that many people.

Click here to see the complete report.

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lawlibrary

ADR Collection Available in the Law Library

The following books were donated to the law library by the Office of Case Management so that they would be more accessible to those who might benefit from them.  They are shelved with the library’s self-help collection located in the aisle that leads to the Family Law Self-Help Center. They were purchased with support money from the Maryland Judiciary’s Mediation & Conflict Resolution Office. 

  • Principles of Alternative Dispute Resolution 2nd ed. / Stephen J. Ware (West, 2007).  (ADR KF 9084 .W7 2007)        
  • Renegotiating Family Relationships: Divorce, Child Custody, and Mediation 2nd ed. / Robert E. Emery (Guilford Press, 2012).  (ADR HQ 834 .E48 2012) 
  • Alternative Dispute Resolution: A Conflict Diagnosis Approach / Laurie S. Coltri (Prentice Hall, 2010).  (ADR K 2390 .C655 2010) 
  • Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes 6th ed. / Stephen B. Goldberg &  Frank E.A. Sander (Wolters Kluwer Law & Business, 2012).  (ADR KF 9084 .G65 2012) 
  • Family Mediation: Contemporary Issues / Howard H. Irving & Michael Benjamin (Sage Publications, 1995).  (ADR HQ 10.5 .N7 I78 1995) 
  • A Guide to Divorce Mediation: How to Reach a Fair, Legal Settlement at a Fraction of the Cost / Gary J. Friedman & Jack Himmelstein (Workman Pub., 1993).  (ADR KF 535 .Z9 F68 1993)Mediation: Principles and Practice / Kimberlee K. Kovach (West, 2004).  (ADR KF 9084 .K68 2004)The Foreclosure Mediation Training Guide / Victoria Ring ( Graphico Pub., 2007).  (ADR KF 697 .F6 R56 2007) 
  • The Mediation Process: Practical Strategies for Resolving Conflict 3rd ed. / Christopher W. Moore (Jossey-Bass, 2003).  (ADR HM 1126 .M667 2003) 
  • The Handbook of Family Dispute Resolution: Mediation Theory and Practice / Alison Taylor (Jossey-Bass, 2002).  (ADR HQ 10 .T28 2002) 
  • Essentials of Alternative Dispute Resolution 2nd ed. / Susan R. Patterson & D. Grant Seabolt, Jr. (Pearson Publications Co., 2001).  (ADR KF 9084 .P47 2001) 
  • Stop Fighting Over the Kids : Resolving Day-To-Day Custody Conflict in Divorce Situations 1st ed. / Mike Mastracci (Saint Gabriel’s Press, 2009).  (ADR HQ 834 .M7 2009) 
  • The Practice of Mediation: A Video-Integrated Text 2nd ed. / Douglas N. Frenkel & James H. Stark (Wolters Kluwer Law & Business, 2012).  (ADR KF 9084 .F746 2012) 
  • Foreclosure Nation: Mortgaging the American Dream / Shari Olefson (Prometheus Books, 2009).  (ADR HD 255 .O44 2009) 
  • Help! I’m facing Foreclosure: What Are My Options? / William Tyler (PublishAmerica, 2009).  (ADR KF 697 .F6 .T4 2009)
  • Coping with the Foreclosure Crisis : State and Local Efforts to Combat Foreclosures in Prince George’s County, Maryland (Government Printing Office , 2009).  (ADR KF 697 .F6 .S6 2009) 

Other titles in the law library shelved with the general collection include:

  • Mediation: A Handbook for Maryland Lawyers / Honorable Daniel E. Klein, Honorable Kaye A. Allison & Perry F. Sekus, (MICPEL, 1999).  (KFM1760.3.K54 1999) 
  • How Arbitration Works 6th ed. / Alan Miles Ruben, ed. (American Bar Association, Committee on ADR in Labor & Employment Law, The Bureau of National Affairs, Inc., Washington, D.C., 2003).  (KF3424.E53 2003) 
  • How Arbitration Works 6th ed.: 2010 Cumulative Supplement / Kenneth May, ed. (American Bar Association, Committee on ADR in Labor & Employment Law, 2010).  (KF3424.E53 2010) 
  • The Alternative Dispute Resolution Practice Guide / Betty J. Roth & Randall W. Wulff (West, 1997.)  (KF9084.A93 1997) 
  • The Law of Alternative Dispute Resolution / Margaret Jasper (Dobbs Ferry, NY : Oceana 2000).  (KF9084.Z9 J37) 
  • Mediation in a Nut Shell 2nd ed. / Kimberlee K. Kovach (West, 2010).  (KF9084.K68 2010) 
  • Mediation: Law, Policy & Practice / Sarah R. Cole & Craig A. McEwen (West, 2012).  (KF9084.M44 2012) 

 There is also an AACPLL Wiki page, ADR -Alternative Dispute Resolution, with additionlal information.

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lawlibrary

WestlawNext Patron Access

Have you tried WestlawNext Patron Access?

This new interface, WestlawNext, is now accessible in the law library’s computer room. WestlawNext is in addition to the “old” Westlaw, now referred to as Westlaw Classic, you may be accustomed to. One big difference that will be appreciated by library users is the ability to download and email results. These features are only available with Next, printing is the still the only option for the Classic version.

With WestlawNext you do not have to begin your research session by choosing a database to search. Instead, you need only type your search terms in the search box at the top of the page. This has a more Google like feel to it. However, you can still use the old Boolean terms and connectors in the search box and you can still select the database in which you would like to search. If you don’t though, your results will be presented to you in an organized manner. In the middle of the results screen will be the Overview. The Overview displays the results by document type displaying the most relevant within each category. Listed first will be cases, followed by statutes, regulations, secondary sources and more. On the left of the screen all of the categories will be listed with the number of results for each showing in parens. As you might guess, the number of results can be quite large, just like a Google search. This is where the ability to “filter” comes in. Once one of the categories of results or even “all results” is chosen, boxes will appear below the results on the left that allow the narrowing of the search. You could search within the results by typing in a search term such as “Maryland” or any combination of terms and connectors.

What if you just want to find a case or use Keycite, the citator? To search for a specific case, you would just enter the citation or case name in that same search box. A bar showing Keycite results will display automatically across the top of displayed documents once it is viewed.

Westlaw and WestlawNext Content

Both Westlaw Classic and WestlawNext have access to Maryland’s cases, code, regulation, Attorney General Opinions and some secondary sources such as the MLE and Maryland form books.

This is in addition to access to all state and federal cases and statutes, too. The general secondary sources include ALR, Black’s, the encyclopedias AmJur and CJS, and the Restatements and Principles of the Law. Titles of interest to litigators are the AmJur Proof of Facts, AmJur Trials and Causes of Action. The law library has a number of form books published by West. These sets along with many other titles not available in the library can be searched through the Form Finder on Westlaw and WestlawNext.

Next time you are in the law library, give WestlawNext a try at the computers labeled with a Westlaw sign. We will be happy to help you with your research using Next or the Westlaw Classic. You can also find out more through the online tutorials available on those Westlaw computers.

Categories
lawlibrary Maryland Law

New Maryland Laws Take Effect October 1, 2013

The two laws that have been in the news as October 1 approaches concern the sale of firearms and the use of cell phones while driving.

The Firearm Safety Act of 2013 (CH427) makes changes to current laws regulating the sale of certain firearms and ammunition, gun dealers and to

Senate Bill 339/House Bill 753 (CH638/CH637) makes violation of the law prohibiting cell phone use while driving a primary offense, that is one for which the driver can be stopped, and increases the fines and penalties,

Another road safety bill was Senate Bill 87 (CH 179) which requires the use of seat belts for passengers in the rear seat of a motor vehicle.

The “Slayers Rule” was codified in Maryland by SB489/HB1211 (CH485/CH486) which would disqualify “a person who feloniously and intentionally kills, conspires to kill, or procures the killing of the decedent is disqualified from inheriting, taking, enjoying, receiving, or otherwise benefitting from the death, probate estate, or nonprobate property of the decedent, or from receiving a general or special power of appointment conferred by the will or trust of the decedent, or from serving as a personal representative, guardian, or trustee of a trust created by the decedent ….”

The Task Force to Study Implementing a Civil Right to Counsel in Maryland was created by SB262 (CH35) to “study the current resources available to assist in providing counsel to low–income Marylanders compared to the depth of the unmet need, including the resulting burden on the court system and the stress on other public resources; study whether low–income Marylanders should have the right to counsel at public expense in basic human needs cases, such as those involving shelter, sustenance, safety, health, or child custody, including review and analysis of the Maryland Access to Justice Commission’s “Implementing a Civil Right to Counsel in Maryland” report and each other previous report by a task force, commission, or
workgroup on this issue; study alternatives regarding the currently underserved citizenry of the State and the operation of the court system; study how the right to counsel might be implemented in Maryland; study the costs to provide meaningful access to counsel and the savings to the court system and other public resources; study the possible revenue sources; and make recommendations regarding the matters …”

This is just a small sampling of new laws enacted by the 2013 session that will go into effect October 1, 2013. To read about more laws resulting from that session, see the 90 Day Report – A Review of the 2013 Session published by the Department of Legislative Services of the General Assembly of Maryland.

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lawlibrary Pro Bono

Legal incubators: for grads and needy clients in the ABA Journal

From the ABA Journal online today an article on the use incubators that provide an office for new attorneys to work with experienced attorneys and provide service to those in need:

Legal Rebels Profile : Law firm incubators help both grads and needy clients, Posted Sep 18, 2013 8:30 AM CDT By G.M. Filisko

Other articles on the topic includes links to different law school incubator programs:

Solos & Small Firms : Growing Justice: Law Schools Hop on the Incubator Trend posted Oct 1, 2012 1:30 AM CDT By Deborah L. Cohen

Law School Disrupt Blog Creative new ideas for training community lawyers: Solo incubators and training firms posted on October 1, 2012 mentions the University of Maryland Francis King Carey School of Law.

 In Maryland:

Maryland Civil Justice is an example of such a program in Maryland.  Its missoin is stated on the website: “Civil Justice, Inc is a Maryland non-profit corporation formed for the purpose of increasing the delivery of legal services to clients of low and moderate income while promoting a statewide network of solo, small firm and community based lawyers who share a common commitment to increasing access to justice through traditional and non-traditional means.”

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lawlibrary

Creative new ideas for training community lawyers: Solo incubators and training firms

Categories
lawlibrary Legal Technology

New Maryland Rules for Electronic Filing

Issue 02, Spring, 2013 of Moving Justice Forward, the quarterly bulletin that provides information on the implementation of Maryland Electronic Courts (MDEC), reports that the rules order concerning e-filing was posted on May 2, 2013 on the Judiciary website. The 176th Report and Supplement Rules Order, filed May 1, will go into effect July 1, 2013.

The report included changes to existing rules because of e-filing and the new Title 20,  Electronic Filing and Case Management.    The new rule 20-102 states that the new Title 20 will apply only where MDEC has been established and will start with Anne Arundel County.  Issues covered include how attorneys will register, a new definition of what a “day” is, signatures, procedures for self-represented litigants and access to records. The article that begins on page 9 provides a good overview of the new Title 20.

More information can be found on the MDEC webpage and in the previous issue of Moving Justice Forward, Issue 01, Winter 2013


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lawlibrary

MSBA on YouTube

An article in the Bar Bulletin of the Maryland State Bar Association reported the debut of  “”Maryland Legal Lions,” a new video series intended to highlight the wisdom, experience, and motivations of Maryland’s long-practicing Bar members…”  The first video features Herbert S. Garten.

This video can be found on the MSBA YouTube channel with a variety of other videos including the MSBA participation in the Polar Bear Plunge, a debate on contributory vs. comparative negligence,  highlights from the MSBA 13th Annual Solo and Small Firm Conference and current MSBA President John P. Kugel’s installation speech and the accompanying slideshow of his life.

 

Categories
lawlibrary Legal Technology

ABA Offers Friday Seminars on Technology

The ABA has announced that it will be offering a series of  live webinars  on the topic of the practice of law and technology:

Future Friday Seminars: Strengthening Your Practice Through Technology

The series will begin on May 3 with  an Overview of the Future of Law.  Other topics include:  Document Assembly and AutomationThe Virtual Office, Working Remotely, and Online CollaborationThe Paperless Office and Digital WorkflowsUnderstanding Your Finances and Alternative Billing Strategies, and Building a Client-Focused Law Practice.

 

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lawlibrary Pro Bono Self Represented

Anne Arundel Local Pro Bono Committee – Update

The following was submitted to the AABA newsletter, the Barrister.

A report on the Local Pro Bono Committee should begin with an overview of the Committee’s purpose.  The Local Pro Bono Committee is a separate entity from the AABA Pro Bono Committee and exists per Maryland Rule 16-902.  The rule provides that the committee  consist of a combination of judges, attorneys and the general public. The Committee is charged with working with legal services providers and pro bono referral organizations to develop a Local Pro Bono Action Plan to “promote pro bono legal service to meet the needs of persons of limited means in the county.”  Kevin Shaeffer chaired the committee that wrote the plan in 2004.  The Committee stopped meeting after a time.  In 2010 interest in pro bono service sparked by AABA president Jonathan Kagan lead to the formal reconstitution of the Committee in July 2011.  Through the work of the Committee and volunteer attorneys Anne Arundel County has established some good limited legal advice programs.  The Committee  must now concentrate on what can be done to increase pro bono representation in our county.  (Anne Arundel is again last in the state in reporting pro bono hours.)  The Committee has partnered with the Maryland Volunteer Lawyers Service which acts as the Anne Arundel Pro Bono referral service.  There are still more clients from Anne Arundel County in need of representation than there are Anne Arundel volunteers.

The 2013 year began with the Annual Pro Bono Recognition Lunch in January.  Attorneys who volunteer in the “Ask a Lawyer” programs by providing services in the Anne Arundel County Public Law Library, at the North County Area Library of the Anne Arundel County Public Library system and at the Annual Anne Arundel County Homeless Resource Day were invited to lunch where they were thanked for their service and received certificates that detailed their pro bono hours for the year of 2012.  Circuit court judges Hon. Nancy Davis-Loomis, Hon. Phillip Caroom, Hon. Ronald Silkworth, Hon. Alison Asti and Master Timothy Thurtle as well as Court Administrator, Doug Hofstedt, and Nancy Faulkner, Director of Court Operations attended to show their appreciation.  The 38 volunteer “Ask a Lawyer” attorneys provided 206 hours of free legal advice to 445 clients in 2012.

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The Annual Anne Arundel Homeless Resource Day was held on March 16 at Glen Burnie High School.  Even though it was not held on the traditional last weekend of March, attendance was not affected.  This was the 6th Annual Homeless Resource Day and the 5th in which Anne Arundel Attorneys have provided legal services.  There were 14 volunteers this year who took on either a morning or afternoon shift.  The volunteers consisted of a large contingent of Legal Aid Attorneys who have the experience needed to handle the issues facing many of the homeless.  This year Anita Bailey, Margaret Leonard, Amy Siegel, and Kathy Hughes represented Legal Aid.  Judson Arnold and Denis O’Connell who are with the Office of the Public Defender were able to help with criminal issues.  They performed 2 intakes for representation. The varied experience of private practice attorneys is always needed and appreciated.  This year Make Valadez, Tasnima Apol, Jim Sauer, Kari Fawcett, Gene Brennan, Scott MacMullan and Ginina Stevenson volunteered. Past experience had shown that there are usually more clients in the morning but this year the afternoon seemed just as busy.  There were 88 participants in all who used the legal services this year to find answers to 95 legal questions. While this was a small increase over last year, in 2009, the first year, there were only 4 attorneys who helped 50 clients.  The majority of those are seeking assistance with expungement or family law.  Representatives from the Homeless Persons Representation Project (HPRP), Atonia Fasanelli and Katie Scott provided support with expungement issues at the event and provided training for volunteers beforehand.  Of the 31 asking for assistance with expungement, there were 4 referrals to HPRP and only 3 that actually met the qualifications for filing.  This year we had additional assistance from the Maryland Volunteer Lawyers Service.  Executive Director, Bonnie Sullivan and Sally Snowberger, the Foreclosure Prevention Housing Counselor,  were able to provide assistance and perform intakes for the 7 who qualified.  The Anne Arundel County Homeless Resource Day was the first Homeless Day in Maryland and is being used as a model across the state at the request of Governor O’Malley.

In order to share ideas for the promotion of pro bono service the Court of Appeals Standing Committee on Pro Bono Service held a regional meeting on March 18 for the Local Pro Bono Committees of Anne Arundel, Carroll, Frederick and HowardCounties. Although it was held in March just two days before the start of spring,  the winter-like weather made travel to HowardCounty difficult.  Still, most all who responded made it to the meeting. Attending from Anne Arundel County were Joanie Bellistri, Law Librarian and Chair; Anita Bailey, Lisa Sarro, and Sarah Frush of the Legal Aid Bureau; Judge North and Judge Silkworth from the Anne Arundel County Circuit Court;  Chris Poulsen,  Anne Arundel County Department of Social Services Program Manager; Scott MacMullan representing the Anne Arundel County MSBA Young Lawyers Section and Elizabeth Morris of the Office of the Attorney General.  The program involved a number of guided, small group discussions on topics such as the pro bono referral process, volunteer recruitment and retention, collaborating with the bench, and client needs v. volunteer interest and expertise.  Each group was created by assigned dinner seating so that there was a good mix based on location and background at each table for the discussion.  Group findings were reported to the larger group and all seemed to touch on the same basic points no matter the topic.  In brief, it was found that there is a need for full representation, especially in family law cases, that is not being met.  Pro bono service needs to become a part of the local bar’s culture.  Methods for encouraging increased pro bono participation included recognition of volunteers through awards programs, special treatment in the court room or free photocopies, and thank you letters from the bench; support of volunteers with training, mentoring and case costs; and awareness of legal service programs that will place volunteer attorneys  and programs that provide referrals for those in need of the services.  The evening ended with a meeting of each county’s representatives to discuss their county’s needs and to plan for that county’s pro bono activities. As a result you should see renewed efforts to increase pro bono participation in Anne Arundel County.  Right now, please consider giving pro bono service a try.  If every attorney in Anne Arundel would agree to take just one pro bono case, we could see a big improvement in the lives of those facing legal problems without assistance and an increase in Anne Arundel’s reported pro bono hours.

Please contact the Local Pro Bono Committee with any questions, ideas, suggestions or to join: 410-222-1387 or library@circuitcourt.org.