Chris Castellano was invited to speak on The Divorce Hour (Digital Radio Talk show) hosted by Ilyssa Panitz on Saturday, July 20th. Chris discussed why legal fees can snowball in Post Judgment Matters.
Author: Stephanie Sejas-Castro
Posts by Stephanie Sejas-Castro
JGL partner Reza Golesorkhi has been voted for and recognized as the Best Divorce Attorney in the “Best of the City 2024” awards in DC Modern Luxury Magazine. Check it out here.
In an article published on June 18, 2024 by Medical Economics, Brian Markovitz explains what the recent FTC rule banning noncompete agreements means for the future of the healthcare industry’s economy. The article details what the ban will do for competition and business growth, as well as the expected decrease in healthcare costs over the next decade. Markovitz also provides context for the ban, including the overwhelming support for the rule from healthcare employees and medical business entities.
Read the full article, “Why medical economics may change significantly if FTC noncompete ban is upheld,” in Medical Economics.
In this episode of JGL LAW FOR YOU, Senior Counsel Michal Shinnar and David Builtt talk about the Americans with Disabilities Act. What it is, Who’s protected, What’s Covered, How it works, and more.
In this episode of JGL LAW FOR YOU, attorneys Renee Blocker, Lindsay Parvis, and David Bulitt discuss the ways that Personal Injury and Family Law collide with interesting examples.
Lindsay Parvis hosts a Lunch & Learn on Mental Health Privilege & Maryland Family Law on June 13th from 12:00-1:15pm via Zoom.
For Mental Health Professionals, Attorneys & Child Counsel Attorneys (especially Child Privilege Attorneys).
This is an informal educational program followed by discussion & shared learning. Continuing the discussion from the Mental Health Privilege blog series.
In an article published on June 5, 2024, by Washington Family Magazine, Erika Jacobsen White provides guidance about the Pregnant Workers Fairness Act (PWFA) for expecting and working mothers. The article details what the PWFA covers, including the process to determine reasonable accommodations for an employee and what conditions qualify for accommodations. White also explains what happens if an employee can’t perform essential job duties while pregnant as well as what happens if an employer refuses to make accommodations or retaliates.
Read the full article, “Pregnant? Your Employer Must Provide Accommodations,” in The Washington Family Magazine. This article also appeared in MetroKids Magazine, an affiliate of The Washington Family.
Mental Health Privilege & Maryland Divorce Blog Law Series – Part 9
FAQ 3 about Waiver of Mental Health Privilege & Maryland Divorce:
How does geography come into play?
This is a juicy question. Why? Because it’s not developed in our appellate case law.
Let’s start with what I mean by geography: where the mental health provider is located.
This is easily an issue when:
- Either
- A Maryland resident works in or lives near/on the border of DC, Northern VA, WVA, DE, or PATheir mental health provider is located outside of Maryland
- The provider is not licensed in Maryland
- Or
- An out of state litigant receives mental health services in their home state
Next, let’s look at what Maryland privilege statutes have to say:
- §9-109 applies to:
- Psychologists licensed in Maryland
- Psychiatrist who are licensed but does not say in Maryland
- §9-109.1 applies to:
- Professional counselors certified, licensed or exempted from licensure under Maryland law
- Psychiatric-mental health nursing specialists, who may or may not be licensed in Maryland
- §9-121 applies to:
- Social workers licensed and certified in Maryland
So, where does that leave privilege?
I’m aware of no appellate case law or statute that tells us. Which leaves logic (which may or may not apply in court). Logic tells me that if the provider falls into the statutory categories with similar qualifications, then privilege should apply.
How to know?
- A written stipulation agreed to by all parties
- A motion in limine, which can be filed to affirm admissibility of evidence
Definitely a topic that requires thought & strategy, to avoid surprises at trial.
Mental Health Privilege & Maryland Divorce Blog Law Series – Part 8
FAQ 2 about Waiver of Mental Health Privilege & Maryland Divorce:
Is waiver forever?
No. Davis v. Petito, 187 Md.App. 487 (2011), sheds some light:
- The court may not retroactively revoke privilege
- Privilege may be revoked from “now” and going forward
- Privilege waiver may end when the trial/case concludes, if not revoked before
Helped by In re BL3 (Md.App., No. 703, September Term 2017, Unreported (January 19, 2018); predates Rule 1-104):
- A signed waiver for one purpose (such as releasing records to CPS) operates as a waiver in the litigation until revoked
Takeaways
- Revoke privilege at the latest when the trial is done / settlement is reached
- Put revocation in writing
- Share the revocation with current mental health providers, so they are aware
Mental Health Privilege & Maryland Divorce Blog Law Series – Part 7
FAQ 1 about Waiver of Mental Health Privilege & Maryland Divorce:
Can I choose who gets my privileged information?
Let’s start with terminology.
Our appellate courts have used the terms “limited waiver” & “selective waiver” in ways that suggest these are different (but related).
Here, by “limited waiver” I mean waiver of some, but not all, information or records held by the therapist (In re Matthew R, 113 Md.App. 701 (1997), Ali v. Hart, No. 0458, September 2022 Term, Unreported (December 8, 2022)).
I use “selective waiver” to mean both 1) to one person but not another and 2) for one court case/purpose but not another (Hamilton v. Verdow, 287 Md. 544 (1980)).
Limited Waiver
Yes, limited waiver is possible, though not clearly developed in the law. In re Matthew R suggests that a stipulation (so, agreement or acknowledgement) between parties is necessary & recognized waiver of specific, but not all, records.
Ali v. Hart recognized a BIA’s limited waiver for “relevant information” (without mention of a stipulation). Relevance is an overarching expectation in legal matters, so it’s not especially instructive. The open question: Will the court recognize a waiver limited to one particular topic?
Selective Waiver
Yes, selective waiver is possible, though even less developed in the law than limited waiver. Per Hamilton v. Verdow, one can waive for one purpose/type of case, but not others. One cannot, though, waive for one party, but not another similarly situated one in the same or related case. Which I infer means one can waive for one case & one party, but not another party in an unrelated case.
The Takeaways
- Limited waiver is possible
- Because the law’s not well developed, waive cautiously, ideally with a written stipulation
- Limited waiver allows disclosure of some but not all privileged records and some but not all information
- Make sure the limitations are specific
Erika Jacobsen White has been selected by The Daily Record as one of Maryland’s Power Players for the 2024 Employment Law Power List.
This group is composed of power players who are leading key organizations, creating change, impacting the community and engaging others to succeed.
Three JGL lawyers will speak at the upcoming National Employment Lawyers” Association (NELA), which will be held June 26-29 in Philadelphia. More than 600 attorneys will be in attendance.
Jay Holland and Erika Jacobson White will speak about their advocacy on behalf of their client who is receiving NELAA’s 2024 Courageous Plaintiff Award.
Michal Shinner who is the Co-Chair of NELA’s Disability Law Practice Group, will participate in a panel about the state of the Americans with Disabilities Act as Amended. Here you can view the complete program agenda.
