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A Daily Record blog devoted to Legal Affairs

MSBA crowd learns when to bargain with the devil

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Greetings from Ocean City, where the sun is shining, a slight breeze is blowing, and hundreds of diehard lawyers spent the morning boning up on things like Maryland’s new homestead exemption, stormwater management regulations and the progress of the judiciary’s Case Management System Replacement Project.

The hottest ticket by far was for “Bargaining with the Devil,” the lunchtime talk by Harvard Law professor Robert Mnookin. Co-sponsored by the Alternative Dispute Resolution, the Business Law and the Litigation sections, the talk drew an overflow audience of well over 100 — so many, in fact, that the quick-thinking MSBA folks took the lunch off the tables lining the back of the room to create more standing room for the SRO crowd.

Mnookin’s talk tracked his recently published book of the same title. He shared his personal heroes: Winston Churchill, who refused to bargain with the devil of his day, and Nelson Mandela, who chose to bargain in secret from his prison cell. So — when should you, in fact, bargain with the devil?

Mnookin’s answer: More often than you might think.

Of course, it wasn’t all philosophy and financial elder abuse (another one of Friday’s sessions). The day started with the 20th Annual Young Lawyers’ Sun Run, sponsored by The Daily Record — for more on that, see Monday’s Maryland Lawyer. And the exhibitors who crowded the Clarion’s Grand Ballroom were in a generous mood, handing out candy, popcorn and other goodies.

Here’s my “Awww” moment: That’s Connor Crossan spinning the wheel at The Daily Record’s booth, where he won a perfect-for-the-beach tote bag — as did his big sister. And then, his big brother. What are the odds? (Their dad, James Edward Crossan, is a lawyer in Baltimore.)

It was a nice family moment in a family resort, and I decided to check out the also-crowded and always-clever Family and Juvenile Law Section Council’s session. They were offering doorprizes there, too — including a gift certificate for pole-dancing lessons — between skits that were well into PG-13 territory, if not quite R.

Well, what’s a day at the beach without a little salt?

Category: MSBA

A rejection of the highest order

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Click to enlarge.

Paul Carlin, the Maryland State Bar Association’s executive director, showed me Thursday the newest piece of memorabilia that will be hanging at the organization’s Baltimore headquarters: a letter from then-U.S. Supreme Court Chief Justice Warren E. Burger declining an invitation to the 1984 annual meeting in Ocean City.

The letter will join other famous notes addressed to the bar association from two of Burger’s predecessors, William Howard Taft and Roger B. Taney (although Carlin said Taney’s note was written when he was a lawyer).

Burger’s letter is addressed to incoming Bar Counsel Glenn Grossman as “chairman” of the MSBA. Grossman told me he found the note recently while doing some office cleaning.  He was organizing a program for the 1984 meeting about correctional reform that touched on “factories behind fences’” an idea Burger supported.

Alas, the chief justice had to decline the speaking invitation because June is “an extremely busy month at the Court” with the “pressure of opinion writing” as the court’s term ends.

“Please extend my best wishes to all those participating in the meeting,” Burger concluded.

Category: judges, law, MSBA, Ocean City, Supreme Court

Towson court entrance closed to public

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The plaza-side entrance to the Baltimore County Circuit Court building in Towson is currently closed to the general public because the security screening machines are not working. Only courthouse employees, jurors and lawyers with Maryland State Bar Association ID badges are being allowed through that entrance.

All other courthouse visitors must enter through the doors on Bosley Avenue.

Category: Baltimore County, law, lawyer, MSBA, Towson

Video: MSBA Sun Run 2009

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Once again, The Daily Record proudly sponsored the Young Lawyers’ Sun Run at the MSBA’s Annual Meeting in Ocean City. See Danny run!

Please enable Javascript and Flash to view this Flash video.

Category: law, MSBA

The art of a SCOTUS appeal

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goldstein.jpgThomas C. Goldstein had a busy day yesterday at the Maryland State Bar Association’s Annual Meeting in Ocean City.

Goldstein, a partner at Akin Gump Strauss Hauser & Feld LLP in Washington D.C. and founder of the popular SCOTUSblog, spoke at two educational sessions. One was about the U.S. Supreme Court under President Barack Obama; the other, which I attended and wrote about, was on effective appellate representation.

Goldstein has argued 21 cases before the Supreme Court and offered advice on how to get a petition for writ of certiorari granted and, if you’re lucky, how to argue your case before the high court.

I say “lucky” because Goldstein estimated the court grants approximately 1 percent of the 7,500 cert petitions it receives.

“They’re looking to deny cert,” he said.

Goldstein said the cert petitions granted answer four questions:

  • Why this question?  (And it must be a clear question of law);
  • Why this court: Can the issue be resolved by Congress or a regulatory agency instead?
  • Why this case: What makes this case the perfect vehicle to resolve this question? And,
  • Why now: Is there a sense of urgency to decide this case?

When it comes to arguing a case before the high court, Goldstein prepares through moot courts, practicing as many as a half-dozen times before the real deal.

He has two strategies: the principle of relative advantage (what can I bring to the conversation?) and the art of the possible (realizing you will not convince all of the judges to change their minds). Sometimes Goldstein will focus on one judge and discuss only one issue.

“Think modestly about what you can accomplish at oral arguments,” he said.

Category: D.C., law, MSBA, Ocean City, Supreme Court, washington

Bell raises the bar

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bell_seersucker.jpgThe bar for seersucker has been raised, possibly out of reach, by Chief Judge Robert M. Bell of the Court of Appeals.

The always-dapper Bell appeared Thursday at the Maryland State Bar Association’s annual meeting in Ocean City wearing a pink seersucker jacket.

Bell, who hosted the annual mid-morning reception for newly-appointed judges, complemented the jacket with a trademark bowtie.

The chief judge told me he has five or six seersucker suits in addition to his jacket and that he will wear all of them regularly throughout the summer. “It’s like any other suit,” he said.

Category: law, MSBA

Biz development blueprints in-hand at MSBA

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Alright, so they’re my notes, not actual blueprints – but there were hard hats and toolbelts present at this morning’s workshop. “Business Development Blueprints: Laying the Foundation for Your Career” was sponsored by the Young Lawyers Section, though there was a mix of young and mature lawyers in attendance.

Self-promotion can make people uncomfortable, but as Denise Dewling, Marketing Director of Tydings & Rosenberg, pointed out – no one’s going to do it for you, especially if your firm doesn’t have a marketing manager.

Tips ranged from simple-yet-often-overlooked things to nuanced discussions of privacy settings on social networks. For example:

  • Always hold a drink in your left hand at networking receptions – this frees up your right hand for handshakes, and avoids giving your new contact a handful of cold, clammy drink sweat!
  • Take notes on your contacts (after they walk away) on the back of their business card. Write down tidbits like their hometown, kids’ names and school affiliations. Then enter these facts in Outlook back at the office so you’ll have easy-to-reference talking points at your fingertips.
  • Do you have an email mailing list? You should. Populate it with your college buddies, law school friends, professors, and your alumni association. Send periodic updates on your life — including promotions and job changes.
  • Take advantage of all networking opportunities. Don’t play golf? Learn! Or find a way to contribute to an outing – even if it’s as a drink runner or driving the golf cart.
  • Simple, sincere gestures matter: Send someone an article you think they’d be interested in (hard copy, people!) with a handwritten note attached. Remember those?

Get your hands on a sample marketing plan and give it consideration. Program chair Laurie Wasserman (Tydings & Rosenberg) passed out samples this morning, but they’re also easily found on the Internet.

Karren Pope-Onwukwe, Esq. (left), and Jason Hessler, Esq. (incoming Young Lawyer Section president) also led and helped organize the workshop.

Category: law, MSBA

Video: Arriving at MSBA’s annual meeting

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A fog hung over Ocean City, Maryland this afternoon, but there weren’t any complainers inside the exhibit hall at the MSBA’s annual meeting. Lawyers, organizers, vendors and friends simply seemed happy to be away from the office and to have a chance to catch up with old friends.

Here’s a few of the perspectives from those present on Wednesday afternoon – uploaded straight from the Clarion Hotel off Coastal Highway!

Category: law, MSBA

Tweets from O.C.

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Missing the beach this week? Can’t make it to the MSBA’s Annual Meeting? You can follow up-to-the-minute happenings by following @mddailyrecord and @TDRDanny on Twitter. Legal Affairs Reporter Danny Jacobs and Web Editor Jackie Sauter will be using the #msbaconf tag with all their tweets.

Category: law, MSBA, social networking

Law Day meets YouTube

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Please enable Javascript and Flash to view this Flash video.

The Maryland State Bar Association has announced the winners of its 2009 “Law In Your Daily Life” YouTube contest. Sponsored by MSBA’s Public Awareness Committee, the contest invited state residents to submit videos designed to help people better understand the legal system.

A judging panel awarded a total of $2,000 in prize money to what it deemed the best videos submitted by children and adults. On Wednesday, the audience for the MSBA’s Law Day event focusing on the law and young people saw all of the videos and handed out $1,000 in prize money for “People’s Choice” winners.

Personally, I think the audience got it right. My favorite part – besides the singer’s shirt – are his co-stars.

Category: law, MSBA, multimedia

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