Clayland Farm Enters., LLC v. Talbot County, Md., et al., 2021 U.S. App. LEXIS 3406 * | __ F.3d __ | 2021 WL 419460.

August 26, 2021

Landowner, Clayland Farm, challenged three local zoning ordinances designed to limit new residential development pending the completion of a comprehensive rezoning plan by Talbot County. The Landowner alleged a taking under the Fifth Amendment and state law, and a substantive due process claim under federal and state law. It was undisputed that Clayland possessed the…

Problems Defense Lawyers Face in Defending Condominium/Cooperative Board of Directors

August 16, 2021

Responsibilities of HOA’s and Condominium Boards The Board of Directors of a condominium cooperative or Homeowners Association (HOA) constitutes the governing body for a residential building or community. Serving on a board can be rewarding in that it allows one to be part of the decision-making process for the community. While a professional management company…

Virginia State Bar Disciplinary Board Finds Clear and Convincing Evidence of a Virginia Lawyer’s Multiple Violations of Rule 1.15 of the Virginia Rules of Professional Conduct, Among Other Violations, and Issues Sanction of Two-Month Suspension with Terms Due to “Substantial Mitigating Factors.”

July 21, 2021

Overview  On February 22, 2021, the Virginia State Bar Disciplinary Board (“the Board”) suspended Jonathan Preston Fisher, Esq. from the practice of law for sixty (60) days effective February 1, 2021, with other conditions. The hearing was held on January 22, 2021.  Mr. Fisher is a DUI lawyer based in Blacksburg, Virginia and was admitted…

Responding To The Attorney Grievance Commission

July 14, 2021

Notwithstanding the Pandemic, as well as the associated closures of Courts and the slowdown of the judicial process, the attorney disciplinary system continues to work at full throttle.  It would appear that during the Pandemic people have much more time to go exploring on their computers and consequently, complaints about lawyers are being made with…

Court Of Special Appeals Premises Liability Decision May Have Implications For Landlord Liability

July 7, 2021

The Maryland Court of Special Appeals began 2021 with an important decision for landlords.  In Davis v. Regency Lane, LLC, 349 Md. App. 187 (2021), the plaintiffs – the families of a tenant and a guest of a tenant, both victims of a tragic mass shooting of six people in the parking lot of an…

Unauthorized Practice of Law by Paralegals and Other Support Staff

June 17, 2021

Most attorneys have long known, at least in a general way, that law clerks, legal assistants, secretaries and paralegals may not ethically “practice law.”  The difficulty for many attorneys, however, is determining what constitutes the unauthorized practice of law, as opposed to the proper and ethical function various members of the support staff may perform.…

EEOC Concerns in the Use of Social Media for Job Postings

June 10, 2021

Social media platforms have come to dominate all aspects of modern life and have gained increasing prominence in companies’ efforts to fill job vacancies as well as individuals’ efforts to find employment.  While that increase in the use of social media by employers has broadened the pool of potential employees, it has also led to…

D.C. Adopts Broad Prohibition on Non-Compete Agreements

June 3, 2021

On March 16, 2021, Washington D.C. passed The Ban on Non-Compete Agreements Amendment Act (“The Act”), a comprehensive ban on non-compete agreements similar to previous restrictions in California, Montana, North Dakota and Oklahoma. Here, the employment law attorneys at Eccleston and Wolf discuss the immediate effects on District employers.   Overview of the Ban on Non-Compete…

Poor Trust Account Practices: The Fast Lane to Suspension or Disbarment

May 20, 2021

While there are many reasons why a person may choose to become a lawyer, great math skills and a love of accounting practices are not typically at the top of the list.  In fact, while lawyers often excel at advocating on behalf of clients, analyzing documents, drafting contracts and crafting legal arguments, the same cannot…

Eccleston and Wolf attorney Steve Cornelius presents on Medicare and lien compliance at the 2021 Hot Tips in Workers’ Compensation virtual CLE

May 18, 2021

On May 13, 2021, Eccleston and Wolf attorney Steve Cornelius, along with an esteemed panel of Maryland attorneys and judges, presented a virtual CLE for the Maryland State Bar Association (MSBA) Negligence Insurance and Workers’ Compensation Section on “2021 Hot Tips in Workers’ Compensation.”  Steve’s presentation dealt with Medicare and lien compliance, including attorney ethical responsibilities…