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A CHAPTER OF THE ASSOCIATION OF LEGAL ADMINISTRATORS Features President’s Message . . . . . . . . . . . . . . . 5 The Benefits of Being an MDALA Business Partner . . . . . . . . . .9 Take the Medicine, It’s Good for You . . . . . . . . . . . . . . . . 10 What to Say to Candidates You Don’t Hire . . . . . . . . . . . . . . . . . . 12 Why Is It Important to Have a Retirement Plan ? . . . . . . . . . . . . . 16 My Swan Song . . . . . . . . . . . . . . . . . . . .18 What Diversity and Inclusion Means to Me . . . . . . . . . . . . . . . . . . .29 Antitrust Guide . . . . . . . . . . . . . . . . . . .30 Copyright ©2018 Maryland Chapter, Association of Legal Administrators. disclosures is published four times a year and is dis- tributed to Chapter members and law firm managing partners. To submit articles, contact Amanda Albright at 410.752.1630. Article reprints are available upon written request. disclosures is copyright protected and is not to be reproduced in any form without written permission from the publisher. the newsletter of the Maryland Chapter of The Association of Legal Administrators, Inc. WINTER 2018 www.mdala.org

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Page 1: ALA Winter 2018:Sept-Oct new layoutmdala.org › wp-content › uploads › 2014 › 01 › ALA-Winter-2017-2.pdfdisclosures Winter 2018 3 For more detailed information on these events

A CHAPTER OF THE ASSOCIATION OF LEGAL ADMINISTRATORS

FeaturesPresident’s Message . . . . . . . . . . . . . . . 5

The Benefits of Being anMDALA Business Partner . . . . . . . . . .9

Take the Medicine,It’s Good for You . . . . . . . . . . . . . . . . 10

What to Say to CandidatesYou Don’t Hire . . . . . . . . . . . . . . . . . . 12

Why Is It Important to Havea Retirement Plan ? . . . . . . . . . . . . . 16

My Swan Song . . . . . . . . . . . . . . . . . . . .18

What Diversity and InclusionMeans to Me . . . . . . . . . . . . . . . . . . .29

Antitrust Guide . . . . . . . . . . . . . . . . . . .30

Copyright ©2018 Maryland Chapter, Association ofLegal Administrators.

disclosures is published four times a year and is dis-tributed to Chapter members and law firm managingpartners. To submit articles, contact AmandaAlbright at 410.752.1630.

Article reprints are available upon written request.

disclosures is copyright protected and is not to bereproduced in any form without written permissionfrom the publisher.

the newsletter of the Maryland Chapter of The Association of Legal Administrators, Inc.

WINTER 2018www.mdala.org

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For more detailed information on these eventsplease visit the Chapter website: www.mdala.org

Calendar of Events

MARCH8 Business Partner Cocktail Event

10 International Day of Awesomeness

13 MDALA Combined Board Meeting

17 St. Patrick’s Day

20 First Day of Spring

22 Education Program: ALA/LMA

APRIL3 Education Program: Diversity & Inclusion

19 National High Five Day

19 Passing of the Gavel

22 Earth Day

25 Administrative Professionals Day

FEBRUARY2 Groundhog Day

4 Super Bowl LII

7 Executive Board dinner with ALA President

8 Annual Meeting with ALA President and

Election of New Officers, Anniversaries

14 Valentine’s Day

19 Presidents’ Day

27 Past President’s Breakfast

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MARYLAND CHAPTER2017-2018

PresidentRuth V. FrySaul Ewing Arnstein & Lehr LLP410-332-8876 [email protected]

Immediate Past PresidentSteven E. ShafferFranklin & Prokopik, P.C.410-230-3621 [email protected]

President-Elect/MembershipDebbie MelnykBeveridge & Diamond, [email protected]

Vice President/ProgramsRobyn SeabreaseGordon Feinblatt [email protected]

TreasurerKristi PeytonSilverman, Thompson, Slutkin &White LLP443-909-7514 [email protected]

SecretaryJennifer WassonShapiro Sheri Guinot & Sandler, [email protected]

4 Winter 2018 disclosures

ExecutiveBoard of Directors

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By Ruth V. Fry

As another year draws to a close, I ask myself, “What have I done for the Chapter, andin particular, for our members?” The short answer is, “I am not sure.” By this I mean, Iam not sure if I have made a positive impact. I can tell you that I am enjoying thisChapter President job, though. I feel as though I have grown as a professional and I havelearned quite a bit about what it takes to be Chapter President. I would be remiss if Idid not give credit to the fabulous people I get to work with. Those wonderful humanbeings are Debbie Melnyk, Kristi Peyton, Robyn Seabrease, Jennifer Wasson and SteveShaffer. That list also includes the fearless Committee Chairs Althea Javar Hunt, JoanneEdwards, Amanda Albright, Vickey Wagner, Eric Hightower, Lisa Mangus, Karen Paglia,Laine Czapski and Shirley McIntyre.

I have also gained a better perspective on how each of our roles varies from firm to firm.Many of our members are the chief cook and bottle washer, while other members havea full complement of staff to assist with some administrative matters. Regardless ofyour role, YOU make a difference in your firm/organization.

We have grown in membership size by just a little bit. However, have we truly grown asa Chapter? Have we increased attendance at educational meetings? Are we doing thesame old things year after year? Are our members getting what they need from theirmembership? One thing I have learned from other Chapter Presidents including PastMaryland Presidents is this. We are all in this together. We all struggle with attendanceat meetings and no one seems to have the solution as to how to engage the majority of our membership. One size does not fit all and we must continue to listen to the members.

Which makes me reflect on the responses from the recent survey sent to the member-ship. Out of 93 members, 30 responded to the survey. That’s 32%, which isn’t bad;however, we want to hear from the rest of you. The annual survey is not your only wayto share ideas. If you will notice on the bottom of the education session evaluationforms, there is space for comments. We encourage you to share your ideas and sugges-tions there. Please.

It makes me think of that 80/20 rule. You know the 80/20 rule right? It is also referredto as the Pareto principle. It simply means that roughly 80% of the effects of anythingyou might be doing come from 20 percent of the causes. Or in other words, 80% of thework is being done by 20% of the people.

We might also apply this rule to the personnel at our firms/organizations. 80% of thework is being done by the over achievers, or the “doer’s”, as I like to call them. They aremost likely the employee who knows what has to be done, and he/she simply just gets

President’s Message

continued on next page

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President’s Message (continued)

Did you know . . .

The largest snowflake ever observed was 15” wide and 8” thick. It fell in FortKeogh, Montana in 1887.

it done! How can we invigorate or get the rest of the team motivated? I do not have all the answers, however, I do knowwe should continue to show appreciation whenever we can to those employees who do make a difference. It might bea simple thank you card, or taking a minute to stop by the person’s desk to say “hey there, I just wanted to let you knowI saw how you handled “X” and it does not go unnoticed.” Little gestures go a long way. I probably overuse this littleadorable pup cartoon. He speaks (barks) volumes.

I also include a handwritten note indicating how much I appreciate their contribution. I often copy and paste this littleguy in an email acknowledging the person’s accomplishment. There are numerous ways to show appreciation. This isjust one that I like. My firm had these post it notes printed to read “Stronger Together” and “Caught you at your best!”and Directors and Managers are supposed to use these by handwriting a note about an employee who is doing some-thing above and beyond or simply making a difference. As I walk around the floors I see many of my handwritten noteshanging proudly for others to see.

Another way to look at the 80/20 rule is that 20% of your employees cause 80% of the problems. How we as leadersreact to that 20% who cause us stress is up to us. What I do is I give the naysayers something to do. Assign the com-plainers a task or a job that keeps them focused or makes them feel involved. If someone complains about something,include them in problem-solving the issue. You might consider saying “what would you do?”

All we can do as leaders in our organizations is to set the bar high by trying to do our best to keep ourselves focused andpositive. Whatever it takes, we have to just do it. I always chuckle when one of our staff says to me “I wouldn’t wantyour job for anything.” The bottom line is “I do love what I do.” I might not like it every day, 365 days a year. However,I do enjoy the work that is asked of me.

As in the lyrics of Tim McGraw’s song “Humble and Kind” go, “When the work you put in is realized, let yourself feel thepride but, always stay humble and kind.

https://www.azlyrics.com/lyrics/timmcgraw/humbleandkind.html

Cheers to a great 2018 everyone!

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ALA Mission StatementALA is the undisputed leader for the business of law, focused on the delivery of cutting-edge management and leader-ship products and services to the global legal community. We identify and provide solutions to the most strategic andoperational challenges our members and customers face today, while we prepare them for the opportunities and challenges of tomorrow.

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Food Drive

The Community Connections Committee organ-ized a food drive for Sarah’s House, a support-ive housing program offering emergency shelterand project-based supportive housing with anarray of other services for families experiencinghomelessness in Anne Arundel County, MD.

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Chapter Social

Paint Night at Gallagher, Evelius and JonesThursday, September 28, 2017

Members gathered to paint, sip and repeat . . .

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DEX imaging has had a meaningful and successful relationship with the ALA. It started with the late Beth Wybolt in 2004when she took our managing partner, Frank Culotta, to lunch and explained the benefits of the program. At the timethere weren’t any imaging vendors who supported the ALA. Frank immediately saw the benefits of supporting the ALA.DEX started initially as a captain sponsor, but soon after his vision was to become the Admiral sponsor. Frank has stated publically at ALA functions as well as individual meetings with ALA executive directors that supporting the ALAhas been the best strategic decision DEX has ever made since our inception 15 years ago. Because of the successfulpartnership which was built between DEX and the ALA executive directors both professionally and personally, DEX imag-ing has become the #1 supplier of imaging systems to law firms in the Baltimore Metropolitan Area. DEX has even devel-oped a customized customer care program designed to cater to members of the ALA. “Without the ALA’s stamp ofapproval our company would not have been able to grow as quickly as it has in this market.” The most gratifying part forFrank has been the relationship formed with the executive directors. To add to the support DEX already has, in March of2017 Frank and Joe Enoch (Enoch Office) joined forces and created a partnership. Now combined, DEX imaging services and supports 70 plus law firms. Just a few quotes from our valued customers:

Eric Hightower, Director of Administration-Davis, Agnor,Rapaport and Skalny“One of the things I feel that sets DEX imaging apart from others is their sincere desire to ensure the customer isresponded to as quickly as possible and ultimately completely satisfied not only with the product, but also with the service provided and the relationship as a whole. This desire encompasses the future, potential client making first contact for simple information to the more established client who has been with DEX imaging for years.”

Shirley McIntyre, Firm Administrator, Hudson Cook“DEX imaging has supplied, supported and serviced our printers and copiers since July 2005. They do the hard work ofdetermining which services and equipment would best serve our needs, and have always been straight forward with theircontractual negotiations. When responding to service and supply requests, their customer support and service depart-ment is second to none in its efficiency. I would recommend DEX imaging to anyone seeking professional services fortheir office and technology needs.”

Cynthia Fuller, Director of Human Resources and Operations, Murphy, Falcon, and Murphy“Frank is a man of his word. He says what he means and he means what he says. He has never pointed me in the wrongdirection and has never misled me. I always feel like I’m the most important customer DEX has and after the transac-tion has been completed that’s when the real honeymoon begins with Frank and the DEX organization.”“P.S. They are always following up on a consistent basis.”

Nancy L. Robinson, Firm Administrator, Wright, Constable, and Skeen“We’ve been a happy and satisfied DEX customer since September of 2006 except for a 60 day period in early 2015.We had upgraded our equipment but soon found out because of our color requirements we needed to upgrade to KonicaMinolta and DEX agreed to put in new high volume color systems for the same price we had originally signed for. Thereis a phrase that DEX uses on their TV commercials, ‘nobody responds like DEX,’ and I couldn’t agree more.”

By DEX ImagingAdmiral Sponsor

The Benefits of Being an MDALA Business Partner

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10 Winter 2018 disclosures

by David Roden, Director of TechnologyGoodell DeVries Leech & Dann, LLP

At a recent monthly Chapter meeting I presented some thoughts on the importance of security awareness training anda few ideas about starting a security awareness initiative. This article builds on the material that was presented andoffers some additional insights.

Let’s face it, security awareness training sounds as exciting as a dental appointment: you know you need to do it, butyou don’t want to go and you are relieved when it’s over. But it can be, and should be, better than this.

Like any training program, many attorneys and staff are reluctant to give up the time it takes to participate. Sometimesthis reflects a general attitude towards all training – that it’s dull, lacks value, and keeps us from important work. So nowwe know that security awareness training needs to be engaging, offer real benefits, and compliment the work we do. Isthis even possible? Although we naturally think of security awareness training as a particular type of computer training (some might may“The really boring kind!”) it is applicable well beyond the bits and bytes of computers. A comprehensive security aware-ness program should also include such topics as:

Physical Security: 15% of HIPAA violations are linked to desktop computers stolen from offices. Are your doors locked?Are visitors roaming your hallways?

Elevator Confidentiality: This includes elevators and any other public space. Some topics should never be discussed inearshot of strangers. We share a building with multiple other law firms. On more than one occasion I’ve overheard conversations about settlements, someone’s personal details, opinions about other counsel, judges, and probablyclients. Beyond the elevator, our tendency to speak louder into a cell phone can have the unintended effect of sharingour conversation with a room full of people.

Travel Tips: Should I take my laptop? Will my phone work? Should I use public Wi-Fi? What about personal safety?Common sense reminders, especially for international travel, should be part of a security awareness program.

Non-hostile Workplace: The internet can expose us to lots of things that are NSFW. Is your network able to block categories of websites? While porn is an obvious, you also might want to block or limit access to other types of sites,such as those that promote hate speech or violence. By the way, many of these sites are loaded with malware.

Run/Hide/Fight: Looking at security awareness from a different perspective, this type of awareness training is unfortu-nately all-too necessary in today’s world.

Security awareness training opens the door to talk about much more than just “don’t open unknown emails.” The goalis not to make everyone more technical. Security awareness training should equip your staff to make better decisions.Users are simultaneously the weakest link in security and the last line of defense. Help them learn to identify obviousthreats and be more suspicious of the less obvious ones. The very best way to strengthen your firm’s security is througheducation.

Take the Medicine, It’s Good For You

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So, How Do We Start?

Occasional Emails: When an important issue comes up in the news, especially something that demonstrates a cause /effect – somebody did something, then ‘this’ happened – make sure your staff knows what happened and how theyshould respond if a similar circumstance confronts them. Firm intranets or blogs might also be a good location for thiskind of information.

Lunch & Learns: People show up for free food. Use the opportunity to address more complicated issues. Perhaps bringin a speaker. Make it interactive. These get-togethers show your staff that you take the issue seriously.

The same way you teach anything else: You can probably adapt existing methods to cover security issues. The deliverymethod you use is far less important than the topics you cover.

Buy vs. Build: There are several companies that can sell you a complete package of training material, email templates,posters, videos, and CBT courseware. Review some of these and then decide if this is the best way to go for your firm.

This is Important: Have written policies that identify your security practices. For example, you should have a policy thatIdentifies the acceptable use of firm technology. You might allow staff to use the firm phone system for an occasionalpersonal call, but you might frown upon operating a personal business from the firm’s desktop computers. Spell that out,then teach it. Do you have a password policy? Teach good password habits and identify bad ones. Present topics thatsupport your firm’s security policies.

User humor: Training doesn’t have to be a dry list of bullet points. There is this thing called the Internet. It’s full of videoclips and photos and Memes. Find a few that help you make your point.

Use fear: Other law firms are occasionally in the news for bad reasons. You don’t have to criticize them, but you can usetheir circumstances to educate your people. Attorneys love to ask, “What are the other firms doing?” In a situation likethis, explain what you do to prevent or avoid this. “Let’s not be them.”

More Than Just Training

Use security awareness training as a marketing tool. On your website or social media, promote your significant securityawareness initiatives. Show your clients (and your peers) that you take security seriously. Some RFPs will ask you to detailyour security awareness initiatives. Be proud of the work you’ve done building up your program. There can also be additional benefits to security awareness training. Some cyber-liability insurance applications askabout your security awareness training program. Compliance is a reality for most of us. Security awareness training is arequirement for HIPAA/HITECH compliance. Check the regulatory guidelines for areas important to your firm and see ifsecurity awareness is a compliance issue.

Security awareness training should be coupled with reasonable security systems such as spam filtering, anti-virus / malware / ransomware, and as previously mentioned, good policies. Every day, your staff is on the front lines of secu-rity. Give them the training and the security systems they need to not just survive, but succeed on the security battlefield.

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So you’ve just wrapped up a week of interviewing candidates for an opening in your department, and on Friday after-noon you reconvene with the rest of the interview committee to swap notes. The good news is, there’s a clear front-runner, and you’re all excited to make this person an offer.

The bad? There were a couple of other candidates you liked, but who just weren’t quite the right fit. And next week, you’llhave to both let them down gently and field their “Can you give me any feedback on why I didn’t get the job?” requests.

If you’re dreading this step in the process, you’re not alone. Many interviewers don’t like or simply don’t know how todeliver the news, so they use a generic form letter and go radio silent after that.

But a better move is to approach this process with tact, grace, and professionalism. Beyond it simply being the nice thingto do, you never know if these candidates (or their contacts) might be a good fit for your team in the future.

It may take a little preparation and practice, but by incorporating the following adjustments into your interview process,you’ll be better prepared to handle these conversations.

Be PromptThink back to your own job-searching days: You’ve probably had at least one very positive interview that ended in a devastating rejection. The number one question running through your brain was probably “Why?” And then when youasked for feedback, you had to wait weeks until you got a very standard and rehearsed response.

What interviewers don’t realize is that, by doing this, they may be losing out on a potential future candidate. If you really thought the candidate was great, then speak up! (And fast.) Remember that the interview was also a chance for people to get to know your company, and if your runner-up is not treated with the courtesy of a prompt and straightfor-ward response, then he or she won’t even bother to apply again once another opportunity arises.

Point to Your Selection CriteriaAlthough the job description may have a long list of desired experiences and skills, you probably believe that only five orso of those things are critical (including those things that are important but may not be a “skill,” such as cultural fit). Seeif you can put these things on paper and rank them from most important to least important. (In future interviews, it’sreally helpful to write these criteria down ahead of time and keep track of how each candidate stacks up as you go.)

By Anne Niederkorn

What to Say to the Candidates You Don’t Hire

Did you know . . .

All snowflakes have 6 sides and the average snowflake falls about 3 mph.

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Then, as you’re planning your feedback to candidates, use these as your guide. For example, if your top criterion for thejob was direct experience creating social media plans, and a candidate had experience with the four other criteria butnot the most important one, that’s an understandable explanation. You can then tell this candidate that while his or herexperiences in the other areas were great, he or she should try to work on some social media management projects tobe a better fit for similar positions. Now, isn’t that better than “Another candidate’s skill set matched our needs moreclosely?”

Not quite sure how a candidate stacks up to the criteria? This may mean that the interviewer didn’t give you enough infor-mation. It’s fair to tell the candidate this; you really enjoyed the interview, and his or her resume looked great, but yousimply didn’t get enough detail to assure you he or she could do the job.

Stay in Touch—and Mean ItIf you really did like the candidate—maybe he was great, but didn’t quite fit the criteria for the job, or she would be theperfect fit for another role that isn’t quite available at this time—then tell the candidate exactly that. Then, show you meanit by staying in touch. Send that person a LinkedIn request, invite him or her to a networking event, and promise to lethim or her know if there’s another opening that would be a better fit. You never know when the timing will be right, andat that point you’ll already have an established relationship.

Reprinted with permission from Anne Niederkorn. Anne Niederkorn is the black sheep of her IT department, whereshe enjoys educating her co-workers about fashion and Bravo TV. Catch her musings about pop culture and Midwesternlife on her blog, www.annapalooza.net.

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Business Partner Exhibition Event

October 19, 20171920s Style !!

14 Winter 2018 disclosures

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By Ethel SeidmanFreeman Rauch LLC and O’Byrne Law LLC

Why Is It Important to Have a Retirement Plan?

If you take the time to research what the most popular benefit you offer to your employees is, you will find that RetirementsPlans are almost always number one. Health insurance a very close second. Looking at several surveys Retirement Plansscored as high as 90% in importance and only as low as 60%. This means that firms, regardless of size, need to considerthat attracting employees, and competing with other firms to get the best candidates, can rest on the Retirement Planoffered.

Why are Retirement Plans so important to employees? These plans are future savings for the employees and savings thattheir employers are in many cases contributing to. Most plans are pre-tax, not only does the employee save money, they payless taxes. Even a small amount withheld grows over many years into a nice savings. Many plans allow the employee to bor-row for major purchases such as a home or college tuition and are a source of equity to an employee when they apply forloans. We often hear, “Will Social Security be here by the time we retire?” – hopefully yes - but if not, a Retirement Plan cre-ates a sense of security for your employee. These are the benefits to the employee – what are the benefits to the employer?

Retirement Plans have tax advantages. The establishment of the plan, annual expenses, as well as contributions made, area deductible expense to the firm. They allow not only the employees to save for retirement, the owners and partners alsoget to put away for retirement and reduce their taxes. The Plans give an advantage in Recruiting and sometimes allow a firmto pay a little less as the Retirement Plan helps to supplement the Compensation Package. If a firm chooses to base theirretirement plan on profits, the Plan can also be an incentive to work harder, the firm hopefully earns more, and the result isa higher contribution to the Retirement Plan at year end.

There are many Retirement Plan options available to firms and this article will only touch generally on three of the options.Firms vary in size and ability both to afford a Plan and to have the personnel to manage one. The first Plan is an excellentfit for a small firm to consider, “The Simple IRA.”

Simple IRA*• The firm must have less than a 100 Employees.• There is NO paperwork to file initially or annually.• Employees choose their own funds and manage their own account.• There is no vesting. The funds belong to the employee immediately and go with them whenever they leave (the account

is in their name)• The Employer is required to choose 1 of 2 options. They can choose to contribute 2%, whether the employee chooses to

contribute or not; or the employer can match up to 3% of the employees’ contribution. The caveat here is that in 2 out ofevery 5 years the employer can choose to match less than 3%. The decision must be made at the start of the year. Forexample, a new company might choose to do a 1% match the first two years and then increase to 3%. This would helpthe company to build more equity before adding a larger expense. This option repeats in every five-year period.

• The cost to manage the plan with most funds is $0.00 to the firm and may have a small cost to the employee based onhow many funds they choose to invest in. (My firm reimburses for two funds a year because that is the Firm’s only cost sothey feel they can help the employee)

• The match can be done as frequently as the firm chooses or as late as the date the firm files their annual tax return.• A Simple IRA does not allow as large a deduction as 401K Plans. The max is $12,500 for each employee under 50 and

$17,000 for age 50 and above.• The plan can be terminated at any time with 60 days’ notice to the employees. The funds are already the employees so

there is no expense to terminate.• Finally – there are no requirements for how many hours you need to work to qualify. The standard plan says you need

to earn at least 5K – you can set that number anywhere you like. This means that you can offer part-time employees a benefit!

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The next type of plan, probably the most common, is the 401K plan. Two key things to remember with the 401K is that thePlan can be just Employee Contributions or Employee plus Employer Contributions. The 401 can also be offered in conjunc-tion with another plan.

401K Plan*• Any size firm can establish a plan.• Employees must be at least 21 and work at least 1,000 hours.• Employer can establish a plan just for contributions from the employee or they can choose to match.• A Plan Document is required including an Adoption agreement. This must be filed with the IRS.• Form 5500 must be filed annually with the IRS. If a Firm has under 100 Employees, they can file a 5500SP (Small Plan).• In certain circumstances a firm can be exempt from filing.• There are Administrative and Fiduciary responsibilities. Many firms choose to have an Insurance Policy protecting the

Fiduciary Responsibility they hold.• In 2017 the contribution each employer makes can be 100% of an employees’ compensation up to $54,000, and the

employees can contribute up to $18,000 and $24,000 for anyone over age 50.• Costs include fees to Administrators of Plan, Preparations of 5500, and when a plan reaches the level of 100 or more

eligible employees– the cost of an audit.

The final plan this article will summarize is the Profit Sharing Plan. Many firms like this type of plan because, in a bad year,this is an expense that basically adjusts to the bottom line of the Firm.

Profit Sharing Plans*• Any size firm can establish a plan.• Sometimes Profit Sharing is offered in conjunction with a 401K. The 401K allows the employee to contribute and ensures

that even in a non-profitable year they can put funds into retirement and take advantage of the tax savings• A company with a Profit Sharing Plan can still offer to match a percentage of the employees 401K (if offered)• A percentage of the Firm’s profits are designated to be shared by employees each year.• Higher Compensated employees will receive a larger share. This is in part acts as an incentive to the people responsible

for managing the company to put forth more effort.• Generally, there is only a Profit-Sharing Pool if there is a profit• Companies need to adopt a Plan Document, keep the assets in a Trust and provide information to eligible employees –

larger firms normally hire a firm to Administer the Plan. This can/may give the Fiduciary responsibility to them.• Costs include fees to the Administrators, Preparation of the 5500, and can be subject, based on the number of Eligible

Employees (over 100), to an annual audit.• If your firm has both a 401K Plan and a Profit Sharing Plan they may require two audits.

*Please note that these are general summaries of these types of Retirement Plans – there are many variations and rulescan be different, and subject to changes in Federal Guidelines

There are many choices for Retirement Plans and many combinations of Plans. These are just the basics of three plansthat hopefully demonstrate that there are plans to fit all firm sizes, financial situations, and needs of employees and employ-ers. This is a benefit an employee will look for when they are choosing where to take a position and is a topic that shouldbe reviewed annually in a Frim even when the Firm already has a plan in place to make sure your Firm has chosen the bestRetirement Plan for the Firms’ financial needs as well as their employees.

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18 Winter 2018 disclosures

By Joanne Edwards, Community Connections ChairBallard Spahr LLP

My Swan Song

A little over four years ago, I was honored to be asked to serve as Chair of the Maryland Chapter’s CommunityConnections Committee (CCC). I eagerly accepted the offer because it provided the opportunity to do something that Iam passionate about: helping to combat hunger and homelessness in Maryland. At the end of this year, I will step downas Chair of the CCC, and Denise Hofstedt will be taking over the helm. As I prepare to turn things over to Denise, I can’thelp but reflect on some of the amazing things that we’ve accomplished together these past four years. Here are just afew of the highlights:

In 2013-2014, we “adopted” the children at Dayspring Center for our annual holiday giving and sponsored a back-to-school supply drive for them. Dayspring provides a continuum of housing and support services to strengthen sustainedrecovery and self-sufficiency of homeless families attempting to surmount the barrier of substance abuse. Workingtogether, we helped to make the holiday season brighter and the start of a new school season smoother for 35 childrenresiding in transitional housing at Dayspring.

In 2015 we sponsored a book drive for the Maryland Book Bank’s Home Library Program. The Home Library Programwas developed to increase the reading proficiency of first and second grade students in low-income homes by providingnew and gently used books for them to have at home. Everyone attending the Chapter Crab Feast that year was askedto bring a book, and several members sponsored book drives at their firms. As a result of these collective efforts, over200 books were collected and donated to the Book Bank.

For our 2015-2016 holiday giving campaigns, the Chapter’s Business Partners joined us in supporting the SalvationArmy’s Angel Tree Program. We sponsored 25 Angels each year and filled stockings for needy children who would otherwise have little to nothing for the holidays.

This past summer we collaborated with United Way of Central Maryland to sponsor a school supply drive forHighlandtown Elementary School. Highlandtown is located in an impoverished neighborhood in Baltimore City, and, with-out our help, many students would have attended their first day of school unprepared.

To close out the year, we sponsored a food drive for Sarah’s House in November. Sarah’s House is a supportive hous-ing program offering emergency shelter and an array of services for families facing homelessness in Anne ArundelCounty. The school supply and food drives had excellent participation and were highly successful.

As if these activities were not enough, each year Chapter members, along with their friends and family, as well as someof our Business Partners, volunteered at the Maryland Food Bank, participated in Habitat for Humanity projects, andserved meals at Our Daily Bread.

Witnessing the generosity of individual Chapter members, their firms and our Business Partners these past few years hasbeen a truly rewarding experience. Heartfelt thanks to everyone who supported these efforts, especially to my fellow CCCmembers who helped coordinate many of these activities: Tonya Anderson, Kristen D’Angelo, Ruth Fry, Denise Hofstedt,Nancy Robinson, and Sophia Papantonakis. As they say, “it takes a village,” and we are fortunate have a great one!

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disclosures Winter 2018 19

Member Survey

Favorite Breakfast/Brunch Spots

Q1: How often do you go out for breakfast or brunch?• Every weekend• Once a month• Twice a month• Weekly• Not often enough!• Occasionally

Q2: Where is your favorite place to go for breakfast or brunch?• Jimmy’s in Fells Point for basic food (good eggs). •Miss Shirley’s or the Food Market in Hamden for something more decadent.• Hollywood Diner.• Sunshine Grill, Fork, MD.• For breakfast, Cracker Barrel. For brunch, the Rusty Scupper.• Local Diners.• The Double-T Diner or Sunny Day Café in Bel Air.• Atwater’s (their buttermilk pancakes are the very best!).• City Cafe.

Q3: What is your favorite menu item?• The waffles at Miss Shirley’s are outrageous, as is the monkey bread.• Pancakes.• “The Diner” with the Belgian waffle and a Caribbean smoothie!• Sausage gravy on biscuits.• Spanish omelet.• Everything from Sunny Day!• Pancakes!• Usually omelets.

Q4: What makes this your favorite place?• Good food, fun vibe.• The best New Jersey Diner in Maryland.• Great food and atmosphere.• For breakfast, the Cracker Barrel is good down-home cooking. For brunch, the Rusty Scupper has a good variety.• The people who work there are nice, the food is great and the prices are reasonable.• Great service, clean, fast and good portions.• The energy around the market and the great food.• The Bloody Marys!

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20 Winter 2018 disclosures

Kim KahnAssistant AdministratorTydings & Rosenberg LLP

What was the first job you ever had? I was a server at a retirement center in Towson (Edenwald).

What do you do for fun when you’re not “administrating”? Spending time with my husband and two young children;exercising, particularly trail running; and going to the beach.

What is your favorite Maryland restaurant? Tersiguel’s in Ellicott City.

What do you enjoy most about your job? The people. I feel fortunate to be able to work with a group of kind, smart,hard-working, successful, and highly-regarded professionals.

What’s the best thing about working for your firm? I’ve been fortunate to have had, and continue to have, opportuni-ties for growth, both personally and professionally. Additionally, I truly appreciate the work-life balance provided here atTydings.

New Member Spotlight

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Managing Partners’ Luncheon

November 16, 2017The Center Club

Dr. Freeman Hrabowski, President of the University ofMaryland, Baltimore County spoke at the Managing Partners’Luncheon, held at The Center Club on November 16, 2017.

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May 2, 2017

Criteria for Chapter Scholarship Program

22 Winter 2018 disclosures

Purpose

The purpose of the chapter scholarship program is to provide financial assistance for members to attend the ALA National Conference and the Regional Council Conference. In addition, by awarding activity points for participation, theChapter hopes to increase member participation and attendance at events.

Guidelines

Each year at the Chapter’s Annual Business Meeting, typically held in February, the Maryland Chapter President willaward a scholarship to members in good standing, based on the criteria outlined below. The definition of “good stand-ing” is in accordance with the Maryland Chapter’s By-Laws.

The number of scholarships to be awarded will be determined by the Voting Members of the Chapter Board at theJanuary Board Meeting. The Board’s decision will be based on the Chapter’s financial state and other factors that mightaffect the financial stability of the Chapter. The Voting Members of the Chapter’s Executive Board can decide not tomake any awards in a particular year.

If any of the members selected for the scholarship award are unable to attend that year’s conference or decline theaward, then the next member eligible for the award will be selected. The scholarship awards will cover conference registrations and travel expenses based on the Maryland Chapter Travel Policy.

The scholarship will be awarded to those members who have earned the most scholarship points during the prior calen-dar year. Members are eligible to win a scholarship in consecutive years. Points are awarded based on a member’s participation and involvement in the Maryland Chapter. The Chapter’s Executive Board members are not eligible to winscholarships during their tenure.

The Board reserves the right to limit members receiving the scholarship to every other year. For example, if a memberreceived a scholarship in 2016, said member will be not eligible until 2018 for a scholarship.

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Activity Points Earned

Attendance at a monthly meeting (this includes morning session, luncheon afternoon or evening social, or a webinar sponsored by the MD ALA at a member firm) . . . . . . . . . . . . . . . . . . . . . . 5

Attendance at the Annual Managing Partners Event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Attendance at the Annual Business Partners Exhibit Hall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Attendance at the Annual Business Partners Event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

YEAR-END BONUS POINTS – Attendance at all events (including but not limited to monthly meetings, managing partners event and both business partners event) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Host an ALA Webinar at your firm. Each active member at your firm who attends the Webinar will receive these points. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Chair a Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

YEAR-END BONUS POINTS – Chair for each successive year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Active member of a Committee for at least six months of the calendar year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

YEAR-END BONUS POINTS – Committee member for each successive year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Participation in each Community Connection Event (e.g. participation in both the food drive and group project will earn a member 10 points) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Participation in an ALA Miscellaneous Event (e.g. Bar Conference Booth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Refer a prospective member, resulting in that person joining the Chapter (in order to obtain points, the referring member’s name must appear on the new membership application) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Join as a new member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Bring a guest to a monthly meeting (this includes a morning session, luncheon or afternoon or evening social). . . . . 5

Volunteer to write an article for the Chapter Newsletter (exclusion: points will not be awarded to members who are required to write a newsletter article (e.g.. President’s Message, Scholarship Recipient’s article). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

New Mentor Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Achieve Certified Legal Manager (CLM) designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Moderate or serve as a panelist for an educational session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

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By Eric Hightower, Scholarship WinnerDavis Agnor Rapaport & Skalny, LLC

The Value in Mentoring

24 Winter 2018 disclosures

I recently attended the Association of Legal Administrators (ALA) Regional Management Conference in Nashville,Tennessee. As usual, the experience was great and filled with education, networking and fun. I was provided this oppor-tunity from our local Maryland Chapter of the ALA, which was awarded to me because of my involvement in the chapterduring the past year. Part of that involvement included the mentoring of chapter members.

Mentoring is defined as a professional relationship in which an experienced person helps to develop skills and provideknowledge to a newer individual to an organization or area to help enhance their professional and personal growth. TheALA has published a guide for cross functional mentoring within a law firm and it can be found on their website. If youhaven’t reviewed this paper, it is definitely worth the read. However, what I would like to discuss is mentoring within achapter.

Many of you may not be aware that our chapter applies points towards the scholarship awards for members to attendconferences for the mentoring of fellow chapter members. If you aren’t familiar with the scholarship program, pleasesee a Board member, review the chapter website or look in an edition of the chapter newsletter where it is periodicallypublished. Laine Czapski, Maryland Chapter Advisory Council Chair, heads the mentoring program. The role of chaptermentor includes the following:

• Showing a new member the ropes and answering questions about the local chapter and international association• Be a point of contact if the new member needs help utilizing the email listserv, website, scholarship program or other

resources available to the member• Attend new member lunch• Send reminders to the new member about upcoming events• Encourages networking by introducing them to current chapter members• Encourages and supports endeavors to join chapter committees and becoming contributing members

All of these activities help the new member to become better acclimated to the chapter and maximizes the value of theirmembership both professionally and personally, which in return benefits the chapter and the ALA as a whole. The com-mitment is a simple year of volunteer service. Some savvy, overachieving mentors have even supported two or moremembers at a time!

When I look around our chapter members at events or even when reviewing the membership roster, I see multitudes ofnames of people I have had the wonderful opportunity to mentor. These people have gone on to participate in manychapter committees, become members of the Board of Directors, become Chapter Presidents and a few have gone onto serve in a National capacity. The experience continues when I attend National events and see the same on a granderscale.

So, what do I get out of the experience that you, too, could have? The benefits include, but are not limited to: a broadernetwork of peers to bounce ideas off or glean information to help better manage your own firm and increase your knowl-edge base; a chapter filled with people whose goals align with each other and bring new perspectives and ideas to keepit running; and a lifetime of friendships that are priceless, if I can be permitted to be campy enough to use that coinedphase by MasterCard. Won’t you consider being a mentor this upcoming year and reach out to Laine Czapski and expressan interest?

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By Deborah M. Stickles, Scholarship WinnerVenable LLP

Regional Conference

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I was surprised and thrilled to have won a chapter scholarship to attend this regional conference. It had been a whilesince I attended an ALA conference; therefore, I had forgotten about the excitement a conference generates and the networking opportunities it presents. Nashville did not disappoint! It gave me the opportunity to reconnect with oldfriends from other chapters, in addition to meeting new members for the first time. The educational opportunitiesrebooted my excitement for learning new thoughts, ideas and techniques. I find the networking opportunities to beextremely beneficial. It’s very helpful talking with other firms, exchanging ideas, and finding out what they are doing toimprove operations and how they are doing it.

The vendor hall was amazing. Because the regional conferences are smaller in size than the national conference, I hadmore time to spend with each vendor, not only thanking them for supporting our association, but to learn more abouttheir product and how it could potentially help my firm. I even won a prize!

I extended my stay so I had some free time to explore the city of Nashville. What a fun time we had listening to so manydifferent up-and-coming musicians, visiting the Ryman Auditorium, the Country Music Hall of Fame, as well as a visit tothe Grand ‘Ole Opry. We had great food, including wonderful BBQ. Nashville had so much to offer.

I urge you to become involved in the ALA and in our local chapter and find out what you can do to help us more forwardthe business of law for the Association. Believe me, you will get back more than you give!

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26 Winter 2018 disclosures

By Denise Hofstedt, Scholarship WinnerThe Jaklitsch Law Group

One of my favorite movies these days is The Martian. It’s the one where the character Mark Watney, played by MattDamon, gets left behind on Mars. As a law firm administrator, most days I can relate to Watney’s plight. I feel like I’vebeen dropped on a remote planet and am hoping to survive long enough for someone to organize a rescue mission. Myfavorite quote is Watney: “At some point, everything’s going to go south on you and you’re going to say, ‘This is it. This ishow I end.’ Now you can either accept that, or you can get to work. That’s all it is. You just begin. You do the math. Yousolve one problem and you solve the next one, and then the next. And if you solve enough problems, you get to comehome.’”

That’s how I try to handle my days. I do the math. Try to solve one problem, then the next.

Recently, my rescue mission came in the form of a scholarship the ALA Regional Conference in Nashville. The scholar-ship pushed me to do something I had intended to do for a couple of years but I seemed to always talk myself out of itbecause of the issue du jour.

Ideas and solutions came at me from the moment I walked into the conference. In the exhibit hall the vendors took thetime to explain their offerings and were willing to sort out needs. The atmosphere was casual and no one was pushy. Ipicked up a bunch of HR ideas that should make things a little easier and some data and firm security tips that willimprove our safety and security. A couple sessions forced me to think about future considerations and planning – a nec-essary activity that I usually put off until “later.” But I think the power of the conference is the interaction with other ALAmembers. I believe that I learn as much about being a better administrator while chatting with folks at lunch or a coffeebreak. There is a wealth of knowledge available you just have to be out there in it to collect.

Thank you ALA Maryland for the rescue mission. I will be able to launch the next one on my own thanks to you.

Regional Conference, Nashville

Did you know . . .

The earth is actually closes to the sun during winter. Around January 3rd, theearth is 3.1 million miles closer to the sun than it is around July 5th, when itis farthest from the sun.

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By Joanne Edwards, Scholarship WinnerBallard Spahr LLP

Is There Anything New to Learn at a ConferenceAfter 30 Years in Legal Management?

Like many of us in the Maryland Chapter, I have been working at law firms for a very long time. Beginning as a legal secretary over thirty years ago, and then moving into management and HR roles, there are times I feel as though I’veseen it all and done it all. Throughout those years, I’ve been fortunate to have received many educational opportunities,including attendance at our Chapter monthly education sessions and ALA and SHRM regional and national conferences.And, like many of us, I’ve become somewhat skeptical about the value of continuing to attend conferences after so manyyears in legal administration. At the start of one’s professional career, there is much to be learned, and the opportuni-ties to network with similarly situated professionals are invaluable. But, after so many years, is there really much to begained by yet another session on the attributes of successful leaders or the evolving role of the legal secretary?

Having received a scholarship to attend the ALA Regional Conference in October, I was naturally excited about the oppor-tunity to travel to Nashville and network with my fellow ALA members. However, the question arose: What could I do toavoid a “been there, done that” attitude and make the most of the opportunity the Chapter (and my firm) were giving meby sending me to conference? The answer, as it turns out, is a lot.

One thing I did that enhanced my conference experience was to attend at least one session from each of the core com-petencies represented at conference: Communication and Organization; Financial Management; HR Management;Legal Industry/Business Management; and Operations Management. Rather than limit myself to “soft” topics or HR-specific sessions, I attended presentations on Artificial Intelligence in the Law Firm, Impacting Financial Performanceand Key Performance Indicators, and Current Issues, Trends and Challenges Facing Today’s Law Firms. I found that, atconference, I was able to take time that I wouldn’t ordinarily take to absorb information that was outside my HR wheel-house. And, by also attending the keynote addresses on leadership and workplace wellness and networking with fellowadministrators, I returned to Baltimore re-energized and with a few new tools in my professional toolkit.

While I still believe that those who are new to the legal profession have the most to gain from ALA conferences, I canalso say with certainty that those of us of who have been around for a while can find much that is worthwhile if we takea positive approach and look for opportunities to expand our perspectives. I feel that I did, and I am very grateful to theChapter and my firm for the opportunity.

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Diversity & Inclusion Educational Workshop / Roundtable Event

January 11, 2018 with Ellie Krug at the World Trade Center in Baltimore

Did you know . . .

The most snow ever recorded in 24 hours in the United States was 76 inches,in Silver Lake, Colorado, in 1921.

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A scrawny Korean boy going to a Department of Defense school in Germany. That was me for much of high school. Beinga military child I’ve lived in a large variety of places and therefore been in many different kinds of environments. I havebeen a regular Korean preschooler in Korea, one of the only Asian kids at a school in Georgia, one of many army bratsat a DOD school in Germany, and once again one of the only Asian kids at my current school in Maryland.

As a result of all this, diversity and inclusion is something very deep and personal for me and it is, in a sense, reflectiveof my entire life. To me, inclusion and diversity involves having an open-minded outlook on the people, culture, and soci-ety around you and being able to welcome the differences between them and yourself in a mutually beneficial way, I witnessed this kind of enlightened style of life when I lived in Europe and saw so many different people, cultures, andreligions contributing to society harmoniously. Not only is diversity composed of colors, languages, and religions but it isalso includes intangible aspects such as a willingness to accept new, inventive ideas. Such curiosity and tolerance isessential for progress as an individual as well as society. At a personal level this kind of acceptance and tolerance hasshaped me into who I am today and has allowed me to become a well-rounded individual free of bias or prejudice.Inclusion and diversity is important to me because as a minority it gives me an opportunity connect with people and haveequal opportunities as others. It also gives me the chance to meet people with a myriad of cultural, political, and religious backgrounds from whom I can gain more knowledge. Without such inclusion and diversity I would never havehad the opportunity to live around the world and meet people from all walks of life as I have had. Diversity and our differences is what brings us together as people, not takes us apart as one or as Malcolm Forbes put it is the “art ofthinking independently together”.

By Patrick YiWinner of the MDALA Diversity & Inclusion Essay Contest Scholarship

What Diversity and Inclusion Means to Me

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Professional associations such as the Association of Legal Administrators (ALA), although well recognized as valuabletools of American business, are subject to severe scrutiny by both federal and state governments.

The single most significant law affecting professional associations is the Sherman Antitrust Act, which makes unlawful“every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce…”

A professional association by the very nature of the fact that it is made up of competitors is a combination, thus satisfy-ing one of the elements in proving an antitrust violation. Section 5 of the Federal Trade Commission Act is also applica-ble to professional associations; it makes unlawful the same types of conduct that are prohibited by the Sherman Act.Furthermore, almost all states have enacted antitrust laws similar to the Sherman Act.

There is no organization too small or too localized to escape the possibility of a civil or criminal antitrust suit. The fed-eral government has brought civil or criminal actions against such small organizations as Maine Lobstermen, a Virginiaaudio-visual association, Bakersfield Plumbing Contractors, the Utah Pharmaceuticals Association, and local barbersassociations.

The government has brought approximately five civil and ten criminal cases a year against professional associations. Itis thus imperative that every professional association member, regardless of the size of the association or the size ofthose comprising the membership, refrain from indulging in any activity which may be the basis of a federal or stateantitrust action.

There are four main areas of antitrust concern for professional associations: price fixing, membership, standardizationand certification, and industry self-regulation. The area of greatest concern, for it is the area where individual membersare most likely to violate the law and the area where the government appears most concerned, is price fixing. The gov-ernment may infer a violation of the Sherman Act by the mere fact that all or most of the members of the professionalassociation are doing the same thing with respect to prices. It is not required that there be an actual agreement, writtenor unwritten, to increase prices. Rather, price fixing is a very broad term which includes any concerted effort or actionwhich has an effect on prices or on competition.

Accordingly, professional association members should refrain from any discussion which may provide the basis for aninference that the members agreed to take action relating to prices, production, allocation of markets, or any other matter having a market effect. The following topics, while not the only ones, are some of the main ones which should notbe discussed at regular meetings or member gatherings:

1. Do not discuss current or future billing rates, fees, disbursement charges or other items that could be construed as“price.” Further, be very careful of discussions of past billing rates, fees or prices.

2. Do not discuss what is a fair profit, billing rate or wage level.

3. Do not discuss an increase or decrease in price, fees or wages, or disbursement charges. In this regard, rememberthat interest charges are considered an item of price.

4. Do not discuss standardizing or stabilizing prices, fees or wages, or disbursement charges.

Antitrust GuideFor Members of the Association of Legal Administrators

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5. Do not discuss current billing or fee procedures.

6. Do not discuss the imposition of credit terms or the amount thereof.

7. Do not complain to a competitor that his billing rates, fees or wages constitute unfair trade practices. In this context,another law firm (or even a corporate legal department) may be considered a competitor.

8. Do not discuss refusing to deal with anyone because of his pricing or fees.

Do not conduct surveys (under the auspices of ALA or informally) relating to fees, wages or other economic matters with-out prior review by antitrust legal counsel. Any survey should have the following characteristics: a) participation is volun-tary and open to nonmembers, b) data should be of past transactions, c) data should be collected by an independentthird party, such as an accounting firm, d) confidentiality of each participant’s data should be preserved, and e) datashould be presented only in a composite form to conceal data of any single participant. If these criteria are met, an asso-ciation can collect and disseminate data on a wide range of matters, including such things as past salaries, vacationpolicies, types of office equipment used, etc.

However, care must be taken to ensure that the purpose of any survey is to permit each firm to assess its own perform-ance. If a survey is used for the purpose of or has the effect of raising or stabilizing fees, wages, disbursements, creditpolicies and the like, it will create serious antitrust problems.

Within this same legal framework applicable to surveys, an association can make presentations or circulate articlesregarding such educational matters as establishing sound office procedures, etc., provided it is clear that the mattersare educational, and not a basis for law firm uniformity or agreement.

Inasmuch as association antitrust violations can subject all association members to criminal and civil liability, membersshould be aware of the legal risks in regard to membership policy and industry self-regulation. Fair and objective mem-bership requirement policies should be established. Membership policies should avoid:

1. Restrictions on dealing with non-members. 2. Exclusions from membership, especially if there is a business advantage in being a member. 3. Limitations on access to association information, unless the limitation is based upon protection of trade secrets.

The Association of Legal Administrators has a code of ethics, which sets forth parameters of ethical conduct. However,to ensure that the Code of Ethics does not create any antitrust problems, ALA must continue to ensure that its Code doesnot have arbitrary enforcement procedures or penalties.

The penalties for violating federal or state antitrust laws are severe. The maximum criminal penalty for violating theSherman Act was increased in 2004 from $350,000 to $1,000,000 for an individual and from $10,000,000 to$100,000,000 for a corporation. Pursuant to the Sentencing Reform Act, alternative maximum fines could be increasedto twice the pecuniary gain of an offender or twice the loss to another person.

disclosures Winter 2018 31

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32 Winter 2018 disclosures

Individuals and corporate officers who are found guilty of bid rigging, price fixing or market allocation will virtually alwaysbe sentenced to jail pursuant to the Sentencing Guidelines; community service cannot be used to avoid imprisonment.The minimum recommended sentence is four months; the maximum is three years.

Additionally, there are civil penalties such as injunctions or cease and desist orders which could result in governmentsupervision of association members, restricting the association’s activities or disbanding the association.

Civil suits may be brought by consumers or competitors. Civil antitrust actions result in treble damage awards and attor-neys’ fees. Thus, if association members are held liable to a competitor for antitrust violations which resulted in$500,000 worth of lost business, the verdict may exceed $1,500,000.

The government’s attitude toward professional associations requires professional association members, as well as pro-fessional associations themselves, to at all times conduct their business openly and avoid any semblance of activitywhich might lead to the belief that the association members had agreed, even informally, to something that could havean effect on prices, fees or competition. Thus, it is important that members contact the association headquarters or legalcounsel for guidance if they have even the slightest qualms about the propriety of a proposed activity or discussion.

Did you know . . .

The snowiest city on earth is Aomori City in northern Japan. Each year thecity gets about 26 feet of snow on average.

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disclosures Fall 2017 33

2017/2018Maryland

Chapter Committee

Chairpersons and Members

Advisory CouncilLaine Czapski, 410-823-1800 (Chair)

Bar LiaisonLisa Mangus, 410-752-1040 (Chair)

Business Partner RelationsHope Bazerman, 443-627-2026Eric Hightower, (410) 309-0505 (Co-Chair)Janice Jewson, 410-767-7281Gynette Parker, 443-278-9559Nancy Robinson, 410-659-1375Robyn Seabrease, 410-576-4286 Lexi Suter, 301-441-2420P.J. Thomas, 410-659-7751Vickey Wagner, 410-230-3806 (Co-Chair)

Chapter WebmasterKaren Paglia, 410-576-4805 (Chair)

Community ConnectionsTonya Anderson, 410-727-6464Kristen D’Angelo, 301-656-2707Joanne Edwards, 410-528-6671 (Chair)Ruth Fry, 410-332-8876Denise Hofstedt, 301-627-8700Sophia Papantonakis, 410-234-1000

Diversity & InclusionTonya Anderson, 410-727-6464Kristen D’Angelo, 301-656-2707Ruth Fry, 410-332-8876 (Chair)Denise Hofstedt, 301-627-8700Daniel Ludwig, 410-553-6000Robin Welbourn, 410-938-8708

Managing Partner EventShirley McIntyre, 410-865-5412(Chair)

NewsletterAmanda Albright, 410-752-1630(Editor)Cynthia Cherry, 410-230-7139William Gross, 410-385-4257Daniel Ludwig, 410-553-3492David Roden, 410-783-4000Ethel Seidman, 410-842-6600Alyce Verville, 443-738-1570Vickey Wagner, 410-230-3806

Suburban GroupAlthea Hunt, 301-294-2110 (Chair)Kristi Stevenson, 301-670-7030

Salary SurveySteve Shaffer, 410-230-3621 (Chair)

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34 Winter 2018 disclosures

ADMIRALDex Imaging

COMMANDEREllin & Tucker, Chartered

LIEUTENANTABA Retirement Funds Access (formerly NDX)AdvanceAlliance InfoSystems, LLC Byte Right Support CanonEase Technologies IST ManagementJamison Risk ServicesJLL (formerly Colliers International) JustRight TechnologyKonica/All CoveredmilliCare by EBC Carpet Services Riggs, Counselman, Michaels & Downes, Inc.

Thanks to Our 2017-2018 Business Partner Sponsors

Rippe & Kingston Robert Half Legal Royal Cup Coffee SunTrust Bank, Inc. TriBridge Partners Tuttle Printing & EngravingW.B. Mason

ENSIGNArris, a Design Studio, Inc.FoodifyResh Commercial Carpet CareSpecial Counsel Baltimore Thomson Reuters

IN-KINDCourthouse CopyThe Daily RecordKristina Sherk Photography

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When it happens inLaw,

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it’s...Ben MookTrial Courts ReporterBen Mook covers trial courts,bringing our readers the mostup-to-date news, verdicts andsettlements from state andfederal courtrooms.

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FOR MORE INFORMATION, CONTACT MIKE BROGNO

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Making a diference.JLL IS PROUD TO SUPPORT THE MARYLAND CHAPTER OF THE ASSOCIATION OF LEGAL ADMINISTRATORS

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Information Management Service and Software for your Litigation and Internal Needs

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A CHAPTER OF THE ASSOCIATION OF LEGAL ADMINISTRATORS

the newsletter of the Maryland Chapter of The Association of Legal Administrators, Inc.

WINTER 2018www.mdala.org