Maryland Super Lawyers 2010
Super Lawyers
Baltimore Magazine
Lawyer Michael P. Darrow of Hillman Brown & Darrow, was listed as one of Maryland’s Super Lawyers of 2010 in the primary area of practice of Construction/Surety. He has received the highest point totals in the 2010 Maryland Super Lawyers nomination, research and blue ribbon review proces.
DUI (driving under the influence) is a very serious charge. If you are arrested for and convicted of DUI, the consequences could be devastating to you financially, personally, and professionally. Penalties for DUI include stiff fines, suspension of your driver’s license, mandatory attendance of drug and/or alcohol treatment programs, hours of community service, and even incarceration. To top it all off, your auto insurance rates will skyrocket.
So what should you do if you are pulled over on suspicion of DUI? As soon as possible, get in touch with an attorney who specializes in handling DUI cases. A DUI lawyer who knows the system can help you successfully contest the charges and avoid having a DUI conviction on your driving record.
They can do this because experienced attorneys know secrets you don’t know. For instance, field sobriety tests are not accurate. They can be influenced by neurological conditions, sleepiness, and even sheer nervousness. If you failed a field sobriety test on the day of your arrest, a competent attorney can offer a jury or a judge reasons other than intoxication why you might have appeared impaired.
Another little known fact is that booking room videos can help you if you present as sober. For instance, if the police describe you as slurring your words and making belligerent remarks, but the booking room video shows you being calm and cooperative, it gives the jury a powerful alternative look at your behavior the day you were charged. And it’s human nature for a jury to believe the evidence of their own senses over someone else’s interpretation of your behavior.
Finally, an attorney may be able to come up with expert witnesses who can poke holes in the state’s case. For instance, an expert witness can explain why breathalyzer results and even blood alcohol content samples obtained at a hospital are not always reliable.
If you live in the Annapolis, Baltimore, or Washington, DC, areas and have been cited for DUI, the law firm of HBD (Hillman, Brown and Darrow, P.A.) is ready to help you fight the charges and clear your name. For more information, visit their website.
If you live outside the DC area, you can find an attorney by looking in the Yellow Pages for law firms in your location that specialize in helping DUI clients.
Whatever you do, don’t go to court on a DUI charge without a DUI attorney. The results could be disastrous.
A will is a legal document that comes into effect only upon the death of the testator, the person whose will it is. It may be a cliché to say that everyone should have a will, but everyone really should.
Most people want to decide how their assets are distributed after their death. A will allows a person to do that with very few restrictions, usually only concerning a spouse. Without a will, the state’s intestate laws completely control who will inherit the assets of a decedent.
It is especially important for people with minor children to have a will in which they designate
a guardian for their children. Without such a will, the courts will decide and, again, that choice may not be that of the testator.
Some people feel that they have too few assets to bother with a will. However, when most people add up their assets, they find that they may be leaving more than they think.
A trust is a legal instrument by which the person establishing the trust, the grantor, transfers the legal ownership of assets to a trustee for the benefit of a beneficiary. It is an important instrument of estate planning that can supplement, even replace, a will. There are many kinds of trusts and many reasons for establishing them.
A living trust is established during the lifetime of the person and can continue after the person’s death. In the case of disability, the trustee can continue managing the assets without the need of a conservator. Probate costs are avoided and privacy maintained as assets in a living trust are not subject to probate.
A testamentary trust is provided for in a will, and comes into effect after a person’s death.
Some trusts, such as generation-skipping trusts, legally avoid certain tax consequences. Special needs trusts provide for disabled beneficiaries without losing any government benefits to which they are entitled. Some trusts hold assets until the beneficiaries are a certain age. Charitable trusts distribute assets to charitable organizations.
It is wise to consult with an attorney to draw up these legal documents. An attorney can review your particular situation and make sure that these documents do exactly what you want. An attorney can also offer legal advice to make sure that tax and other consequences are dealt with according to your wishes.
2009 Leading Lawyer | Hillman, Brown & Darrow, PA
What’s Up? Annapolis
The Annapolis law firm of Hillman, Brown & Darrow is right at home in a city steeped in historical significance. The firm’s roots go back 80 years to its founder, Noah A. Hillman, a legend in the legal and political community. His son, Richard Lazar Hillman, joined him in practice. Samuel J. Brown joined the firm in 1976. Noah passed away the following year. Michael P. Darrow joined the firm in 1979, thus forming Hillman, Brown & Darrow. Richard withdrew from the firm when he became mayor of Annapolis. As a tribute to its founder, the Hillman name has been retained.
Tradition and integrity are still the cornerstones of the practice. Hillman, Brown & Darrow has been in the same location for more than 25 years, just 100 steps from the Circuit Courthouse and the Maryland State House. This historic location, however, also allows the firm to stay current and at the top of today’s legal community. In addition, the firm’s unwavering commitment to clients and a tremendous amount of service to the community makes HBD one of the most successful firms in Annapolis.
“[The] entire firm has a diverse array of talent and knowledge,” according to one of their clients. Hillman, Brown & Darrow’s practice areas include divorce, separation agreements, custody and support, contract law, criminal and traffic law, DWI’s, appellate practice, administrative law, adoptions, business law, civil litigation, commercial and corporate law, juvenile issues, estate planning, landlord and tenant cases, nuisance, criminal law, small claims actions, personal injury, probate, and workers compensation.
Samuel J. Brown, a graduate of Annapolis Senior High School, Anne Arundel County Community College, the
University of Virginia, and American University’s Washington College of Law, concentrates in domestic law and has represented more than 150 liquor license establishments in Anne Arundel County. A comment on avvo.com, a lawyer review website, states, “[Sam] is confident, very respected and has a great rapport with other legal professionals. He is fair, attentive to detail, organized, timely, and is always three steps ahead. On a personal level, he is funny, warm, and friendly.”
Partner Michael P. Darrow, a University of Baltimore Law School graduate, has represented many local businesses and contractors, concentrating on civil and corporate litigation, construction law, contract disputes, real estate law, collections, and personal injury. Darrow is well regarded by his peers and by his clients. “Without question,” a recent client commented, “Michael Darrow has proven to be the best of the best and will remain my first choice in all matters that require an attorney. I would recommend him to anyone without hesitation.”
Partner Daniel J. Mellin, a graduate of Georgetown University and the University of Maryland School of Law, concentrates his practice in real estate law, zoning and land use, business law, estate planning, and probate law.
Partner M. Evelyn Spurgin, a graduate of Duke University and the University of Maryland School of Law, concentrates her practice in personal injury litigation, workers compensation, family law, civil litigation, and appellate work.
H. Winship Wheatley, III, “of counsel,” was Director of Transportation for the Board of Education and has rejoined HBD. He has served as president of the Maryland Association for Student Transportation.
Hillman, Brown & Darrow associates are Jonathan E. Pasterick, Marietta B. Warren, Brian D. Lyman, and Stacey B. Rice. Ms. Rice was selected as one of Annapolis’ leading criminal lawyers. A client review of Ms. Rice states, “I immediately felt a sense of relief and security after our first meeting due to Stacey’s professional conduct, demeanor,
knowledge and frankness. She was empathetic in regard to my turmoil, yet calm, honest, and forthcoming in addressing the issues at hand.”
HBD refers to itself as “A FULL SERVICE LAW FIRM dedicated to serving our clients, the law and our community.” Their philosophy is to maintain a living practice. They represent families and businesses in all facets of their everyday lives.
Brown recommends “finding an attorney with whom you are compatible, who understands your case, and who will treat you like you deserve to be treated.” He believes the important qualities for an attorney to possess are integrity, dedication, and knowledge of the law. Ms. Spurgin concurs with Brown’s assessment and adds her belief that the practice of law is rewarding. “It feels good when you get a result that you know is right for the client.”
The attorneys of Hillman, Brown & Darrow contribute their time and expertise to many charitable organizations, including the London Town Foundation, Inc., public schools, St. Mary’s High School, Annapolis Symphony, Theresian Society, Spalding High School, Providence Center, Associated Builders & Contractors, St. Joseph’s University, and the Bar Association.
The firm includes individuals who are licensed to practice before the Maryland Courts, the District of Columbia Superior Court, United States Court of Appeals for the Fourth Circuit, United States District Courts for the District of Maryland, and the United States Supreme Court. They are also active members of many legal associations.
Please visit their website at www.HBDLAW.com.
If you are not happy with your spouse and you want to end your marriage, you need to find a good divorce lawyer. The best divorce lawyers have a significant amount of experience. When you find an experienced lawyer, he will explain the legal process to you and tell you what you need to do in order to proceed with the divorce.
When you contact divorce lawyers, find out how many divorce cases they have handled. Find out what kinds of cases they have experience with. If you have small children and your assets are worth a significant amount of money, you will feel more confident hiring a lawyer that is experienced. If you find an experienced lawyer, make sure you find out if he has a license to practice law in your state.
Before you choose a divorce lawyer, right down any questions you have. Compare at least three lawyers until you find one that suits your needs. Find out what the attorneys charge for their services and what this divorce is going to cost you. Compare lawyers by their qualifications, experience, and fees. When you find a lawyer that interests you, ask for references. Ask for names and telephone numbers of his previous clients can contact them. Find out what they have to say about him.
If you need a brilliant divorce lawyer, you should visit HbdLaw.com. Hillman, Brown & Darrow is a sophisticated law firm with over 150 years of experience. They have many well-educated, professional, talented lawyers. Their lawyers handle divorce cases and other kinds of cases like adoptions, business law, custody, domestic, domestic violence, protective orders, estate planning, family law, juvenile, real estate matters, and many others. Their lawyers have a fine reputation in the industry and affordable prices for their services.
You should choose a divorce lawyer that you feel comfortable with and trust if you want to find success. If you find a compassionate, honest, trustworthy lawyer, you will have a better experience. You are probably going through a difficult time right now, but a good lawyer will help you get back on track quickly.
It is essential to recognize the importance of a business law attorney in getting a new business off to the right start. Starting a new business is fun, exciting and an adventure. Meeting applicable laws and regulations that apply to that new business is a serious matter that must be done with competence. The best way to accomplish this is to find and hire a business law attorney to assist you in getting your business off to a successful start legally. Equally important is the use of a business law attorney for established businesses, for the same reasons.
If you are a business enterprise that is conducting commercial trade, you are subject to business laws and government regulations. This area of law is very broad. It covers everything from business formation to contract law, litigation and corporate law. Complexity of the law is another reason to bring in an experienced business law attorney. To be successful in operating a business, someone must have an understanding of the complex laws and issues that apply to that business. The business lawyer should be an important confidant all along the path to business success.
Business transactions are governed by state laws, with most adhering to the Uniform Commercial Code regulations for business transactions. This includes contracts, operations and litigation. Attention to legal details is needed in order to form legally binding agreements between parties. The lawyer knows what legal details must be put in writing to be enforceable.
If litigation becomes necessary, the business owner needs the protection of the skilled business law attorney to uphold their contract rights. Trials may be very long and drawn out, with many complex issues of business law. Litigation can occur between clients and a business or even within the business, between partners or corporation executives. Protecting the business and owners from monetary claims and awards during lawsuit actions is the job of the corporate attorney who acts on behalf of the best interest of the business and owners.
If you are starting up a new business, buying an existing one, upgrading your business to a corporation, need contracts for your business, or have other business related legal matters that need attention, bring in your business law attorney to represent your interests. The business lawyers at www.hbdlaw.com can be steady advisors as your business grows and prospers. Their job is to help you make good business decisions.
I do a lot of the wills and estate work here at Hillman, Brown & Darrow, and I field a lot of the questions clients have about wills. The first main question that most folks have is whether they need a will at all. Generally, people don’t like to think about death and what will happen after they die, and they only consider wills at seminal moments in their lives, i.e. marriage, divorce, births, retirement, etc. And many people think that, if all they want is for their spouse and children or grandchildren to get their stuff, they don’t need a will. However, a will can serve other purposes than just determining who gets your stuff. For example, if you have die with an 8 year old girl, who will manage her money until she becomes an adult? What if you have an 18 year old son that you adore, but don’t trust having a large lump sum of money? (and speaking from personal experience, you probably shouldn’t) These are issues that a will can resolve.
Contrary to popular belief, most wills won’t avoid taxes, and can’t determine custody issues. However, wills can put good, common sense conditions even on transfers of property that most people consider normal, and they can be tailored to suit your personal family situation. They can also prevent court action to determine trustees, guardians, and conservators, actions which are typically much more expensive than a simple will, and which may occur if you don’t spell the matters out in a will. Along with your will, at Hillman, Brown & Darrow we also will draft Powers-of-Attorneys and Living Wills to assist your affairs upon disability and end-of-life decisions. These are documents that clients often don’t consider but are of tremendous help. The attorneys here stand ready to assist you in planning for your family’s future, during your life and beyond.
POWERS OF ATTORNEY operate while you are alive. A general power of attorney grants power to your designee to sign your name to all of your documents while you are living, whether you are competent or incompetent. If you are in a coma or at the South Pole, the General Power of Attorney allows your designated attorney in fact to sell your property and cash your checks and pay your bills. It is lengthy so that all private and public financial bureaucracies will accept it without administrative headaches. Even though it covers all of your property, conservative lawyers and title companies will still usually require a specific power of attorney for a specific house for a specific transaction when you are trying to refinance or sell or purchase real estate. This is because the specific power has to be recorded in the land records with the deed or mortgage. Also, many investment houses will want their own special forms used as well. We recommend the use of the general durable power of attorney form, which should cover most general matters. If any specific matter requires something more specific in the future, that will have to be dealt with as it arises. Accordingly, if you have a current relationship with a brokerage company, make sure they review your general durable power of attorney now, so if they require something different you can take care of it now rather than later after an emergency has arisen.
ADVANCED DIRECTIVE and DESIGNATION OF HEALTH CARE AGENT. These are for medical decisions. We recommend that you read and execute the State of Maryland ADVANCED DIRECTIVES forms, as these have been adopted for uniform acceptance by all hospitals and health care providers.
SIMPLE WILLS. A standard Simple Will is about 7 pages long, and typically leaves your household belongings to your spouse if living and your children. Typically your entire residuary estate would be left to your spouse first if living, and then to your children in equal shares. If any of your children are under the age of 25 there can be a Trust provision to hold their shares until they reach 25. SPECIFIC BEQUESTS. Usually, more often than not, spouses with children don’t make specific bequests. Rather, everything is left all to your spouse if living and then to your children. If you have specific bequests, you must state so specifically in the standard will. Specific bequests can also be added later by a short specific Codicil.
Powers of Attorney must be notarized in proper form. Wills must be correctly executed with at least two witnesses and should be kept in a safe place. There is specific and necessary language for legal and proper Wills and an attorney should be consulted to make sure that your Will has been executed properly.
Even relatively simple consumer transactions today are overlaid with imposed statutory complexity. If you are a merchant of any kind that sells anything to consumers you had best be aware of those statutorily imposed requirements that significantly increase your risk of litigation. Recently, a motorcycle authorized repair shop was dealt a $55,000 jury award for failure to reduce its repair work to writing. Consider spending a little up front to avoid spending a lot down the road. For more information please visit HBD Law.
In Maryland officers and directors who act in good faith are entitled to immunity from corporate liabilities:
“In good faith; In a manner he reasonably believes to be in the best interests of the corporation; and with the care that an ordinarily prudent person in a like position would use under similar circumstances.”
See MD Code, Corporations and Associations, § 2-405.1 and MD Code, Courts and Judicial Proceedings, § 5-417
However, this immunity does not apply to individual actions committed by an individual (for example causing an accident while driving a company car or operating the company’s saw mill).
Whether or not an officer or director is immune from suit, this is why all corporations and their boards should have good insurance to pay for the costs of defending against lawsuits. Liability insurance for Officers and Directors Coverage in Maryland is relatively modest in cost because officers and directors are rarely liable for corporation claims.
Regarding the normal duties for a non-stock not for profit corporation in Maryland, there are only a few things necessary to maintain the corporation in good standing.
The corporation should file its Maryland Personal Property Tax Return by April every year.
The corporation should file its State and Federal Income Tax return every year (Federal Form 990). A copy of the Federal Form 990 gets filed with the Maryland Secretary of State as part of the charitable registration process.
The corporation should register with the Maryland Secretary of State in Annapolis.
The corporation should have at least one annual meeting of its members and directors (even if there are no members other than directors)
The purpose of the meeting is to appoint officers and to continue the directors in office. If no meeting is held the last acting directors and officers continue in their capacities until replacements are appointed.
Standard Bylaws for a non-profit are easy to obtain from numerous sources.
The annual meeting should include the following items:
ORDER OF BUSINESS.
The order of business at all meeting of the members shall be as follows:
a. Roll Call.
b. Proof of notice of meeting or waiver of notice.
c. Reading of minutes of preceding meeting.
d. Reports of Officers. (usually treasurer’s financial report)
e. Reports of Committees.
f. Election of Directors.
g. Unfinished Business.
h. New Business.
Keeping minutes of meetings is a good idea so that there is a paper record that you acted responsibly as a board of a corporation.
There is no magic required language for minutes. The most important thing is to record that a meeting occurred at a place, date and time.
State who was present at the meeting, and describe what business was discussed, and what actions were taken.
Keep a copy of all minutes in the corporation’s records, so you can later remember what transpired at meetings over the years.