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.

There are a number of folks out there that are professional landlords and for whom being a landlord is more or less a profession.  Most landlords, though, are people that own one home besides their own, and are not looking to get rich in the real estate business.  They are just looking to recoup their costs and maybe make a little money off their house.  As such, they often do not feel it is worth their money to consult a lawyer before leasing their property.  I have always felt this was a big mistake.

Many small landlords, if they have a written lease, either use a form that was given to them or one they have created themselves.  Rarely have I seen one that is fully compliant with the law in Maryland.  In Maryland, residential tenants have a number of protections by law.  Many of them cannot be bargained away.  Many of them must be contained in the written lease.  If they are not, it can prevent the landlord from holding the security deposit for damages to the property and/or unpaid rent.  Further, if the court holds that you unreasonably withheld the security deposit in violation of the tenant’s rights, you can be held responsible for three times the amount of the deposit plus attorney’s fees.  It can be dangerous ground to walk on.

Most lawyers can either draft a lease for you for a couple hundred dollars or help you make your own lease compliant with Maryland law for about the same amount.  These leases can be used over and over.  It is a little money up front, but it can save you so much money (and headache) in the long run.  This is one of the many services we provide here at Hillman, Brown and Darrow, P.A.  Feel free to contact me or the other attorneys in the firm if you would like to discuss these types of services.

District Court Mission Statement
Maryland’s District Court is the lowest level trial court in Maryland.  Maryland’s Constitution was amended to create the District Court on July 5, 1971. It handles all claims arising in Maryland for civil claims under $5,000.00.  These claims are called small claims, and the district court is known sometimes as “small claims court.” The court also handles certain types of criminal charges, and larger civil claims up to $30,000.00, actions for repossession of personal property (replevin), landlord-tenant actions, zoning infractions, enforcement of certain administrative agency rulings, and petitions for peace orders (restraining orders) among other types of cases.

The Maryland Rules of Civil Procedure Title 3 govern the operation of the District Court for civil cases. This article will be discussing the rules and logistics of a small claims case as defined in Rule 3-701 (2009). A small claim is commenced by paying the filing fee and submitting the Complaint in a claim amount not exceeding $5000.00.  Small claims are often not tried by Attorneys, but by the individual parties themselves or corporate officers of the party.  A company can be represented by its officers only in a small claim action. In all other civil actions it must be represented by a lawyer.  A Small claim is designed to be quickly moved through to a trial to provide the parties a quick and efficient resolution of the case.  In keeping with encouraging a speedy trial schedule trials are general set for 60 from the date of the Defendant filing the Complaint.  For a small claim the rules of evidence (as set forth in MD Rules Title 3 chapter 5) are relaxed and “The Court will conduct the trial of a small claim action in an informal manner.” MD Rule 3-701.  Finally, pretrial discovery (depositions, interrogatories, requests for production of documents and requests for inspection of property or persons) available in the circuit court and other District Court claims are not available. 

The effect of these small claim rules is a quick but sometimes unpredictable trial.  Trial attorneys are notorious for leaving no stone unturned in pretrial discovery. This diligence is often reflected in a large cost for the client both in attorney’s time, document copy costs and lost opportunity cost for the time that you have to spend looking through the documents.  A small claim case avoids these costs, but as a result the trial can be unpredictable since the other side can bring documents into court that you’ve never seen before. It a tactical advantage also to be able to surprise witnesses or the other party with prior statements or documents which are inconsistent with their testimony on an issue, and which can help you discredit their testimony in the eyes of the judge.  While most cases with lengthy pretrial discovery are rehearsed and thought out in every potential detail before trial, small claims trials really can be some of the most dramatic and exciting trials to observe because of the potential for surprises. While it’s best not to get caught on the wrong side of a surprise, how you cope with an unexpected bit of evidence or a witnesses’ flawed memories are what must be accounted for on the spot, both in witness rehabilitation and in argument.  Experience counts. The more experienced the litigation or trial attorney the better the chance that they have previously encountered the surprise that they are facing and the better equipped they will be to react and recover and importantly mitigate the damage.

Yet all this drama can be essentially for naught, because either side has the right to a De Novo Appeal in the Circuit Court.  For a nominal fee the district court trial will be thrown out and a new trial will be conducted in the Circuit Court by a different Judge.  A De Novo Trial mean that the case is re tried be a new judge. The witnesses all have to come back and given their testimony, the evidence and documents will need to be presented, and the new judge will consider everything fresh and ignore the results of the prior trial.  Because of this rule, it often does not make financial sense to have a lawyer represent you at the first trial in District Court, because for a small fee you can get another chance to present your case if things go poorly at the first trial.  The second trial however is the last automatic appeal that the parties are entitled to. If the outcome of the Circuit Court appeal (trial) isn’t favorable you will have to file a Petition for Certiorari with Maryland’ highest Court the Court of Appeals in Annapolis. That court judge like the U.S. Supreme Court decides which cases it will hear and only grants review for a handful of cases compared the number of Certiorari Petitions filed. The second appeal will be based on the record e3stablished during the second trial.
 So next time you have a dispute for a claim that is valued less than $5,000.00 you shouldn’t hesitate to head to small claims court to try to work it out. Most cases do settle without a trial, because the parties still control to some degree the outcome.  If any attorney guarantees you a result or tells you that you cannot lose your case, be wary. You may have a strong case, but anytime you put on a case before a Judge there are no guarantees.  For a small claim, the good news is that you can get another shot, and will have had at least one trial to gain experience and information from before you head on to circuit Court for a De Novo appeal.

Ms. Spurgin, a partner in the firm, came to Annapolis after a judicial clerkship in Baltimore and practice for several years in Prince George’s County.  She worked part-time for many years while raising children and still managed to develop her practice and serve the community in such areas as extensive volunteer work both locally and nationally for her church.  Ms. Rice, also a former judicial law clerk was an assistant state’s attorney before joining HBD.  She is excited about working with a firm that values client service while at the same time places family first and encourages her to continue her many activities such as teaching law, working with the Bar association and running marathons.

Both Evelyn and Stacey agree that Hillman, Brown, & Darrow’s top quality service, commitment to the community and family friendly attitude make the firm a great place to work. “I have been fortunate to learn the law from the experts, maintain my family life and serve the firm’s clients,” shares Ms. Rice.  When asked what words of wisdom they had for other women in business, Ms. Rice offers– “Never think that you can not do it all but know that it is not easy.” Ms. Spurgin’s advice comes from years of experience – “Women can have it all, it just may not be at the same time.” Hillman, Brown, & Darrow, P.A, 221 Duke of Gloucester Street, Annapolis MD (410) 263 3131, www.hbdlaw.com