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D.C. Supreme Court to Amend Civil Rules

April 5, 2022

The D.C.Supreme Court passed amendments to several Civil Rulings, most notably Rule 12-I. The changes will go into effect on April 25th, 2022.  The three main changes to Rule 12-I are outlined below in a note from Judge Epstein, by way of Mr. Craig Brodsky:  Parties may no longer file points and authorities separate from…

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Eccleston & Wolf, PC Presents Annual DCDLA Ethics CLE

February 16, 2022

The D.C Defense Lawyers’ Association recently held its annual two-hour free ethics virtual CLE session, sponsored by Minnesota Lawyers Mutual. Eccleston & Wolf was a proud presenter at the CLE session alongside a panel of experienced legal professionals. The event was successfully held virtually this year, with hopes of returning to in-person next year. Read…

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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…

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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…

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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…

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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…

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District of Columbia Court of Appeals Holds a Substantial Financial Penalty Imposed on a Withdrawing Equity Partner Constitutes an Implied, Partial Restriction on the Practice of Law in Violation of Rule 5.6(a) of the District of Columbia Rules of Professional Conduct, Rendering the Provision Unenforceable.

May 15, 2021

In Jacobson Holman PLLC v. Gentner, 244 A.3d 690 (D.C. 2021), the District of Columbia Court of Appeals addressed for the first time “the affirmative reach” of Rule 5.6(a) of the District of Columbia Rules of Professional Conduct’s prohibition on “restrictions” on “the rights of a lawyer to practice” after terminating an employment relationship. In…

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Ensuring that the Trial within a Trial is Truly a Separate Trial

May 9, 2021

Practitioners should consider bifurcating the “trial within a trial” portion of a legal malpractice case to avoid prejudice and promote efficiency. A legal malpractice action arising out of litigation is, in practice, two cases in one. In general terms, a plaintiff must prove both that his or her lawyer failed to meet the standard of…

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Eccleston and Wolf and Deputy Bar Counsel Conduct CLE for BCBA on Attorney Grievances: How to Avoid Them and What Happens if You Receive One

May 6, 2021

On April 21, 2021, Eccleston and Wolf attorney Steve Cornelius, along with Deputy Bar Counsel Erin Risch, presented a CLE for the Baltimore County Bar Association on Attorney Grievances: How to Avoid Them and What Happens if You Receive One.  The virtual CLE was focused upon the most common rule violations, tips for your practice…

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Plank v. Cherneski: Maryland Recognizes an Independent Tort for Breach of Fiduciary Duty

March 17, 2021

Does Maryland recognize a stand-alone cause of action for breach of fiduciary duty? According to the Maryland Court of Appeals’ recent decision in Plank v. Cherneski, 469 Md. 548, 231 A.3d 436 (2020), “[c]ourts and commentators have been asking this question for 23 years since this Court articulated its holding in Kann v. Kann, 344…

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