For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Thursday, June 23, 2016

Tuesday, June 21, 2016

The Lawyer's Mailbox: BALTIMORE LANDLORD RENTAL HOUSING LEAD PAINT DEFEN...

The Lawyer's Mailbox: BALTIMORE LANDLORD RENTAL HOUSING LEAD PAINT DEFEN...: www.charlesjeromeware.com   " Here to make a Difference. Maryland-based, Nationally-respected." For an initial courtesy consultat...

BALTIMORE LANDLORD RENTAL HOUSING LEAD PAINT DEFENSE BASICS: A Primer by Defense Attorney Charles Ware

www.charlesjeromeware.com  " Here to make a Difference. Maryland-based, Nationally-respected."
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016.


          Summary Landlord Rental Housing Lead Paint Defense Basics :


1. Prior to renting the residence to anyone, require the tenant applicant to disclose in writing the names and current ages of all persons who will reside in the premises.
2. Inspect the residence with the tenant applicant and require them to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each apartment or residence and follow the same procedure with respect to the maintenance of inspection sheets (checklists) signed by tenants.
4. Treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
6. Paint the residence every three years or so and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to the residence to perform these inspections or maintenance work, document the denial within the tenant's file or folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the property.
8. Keep safely all of the above-referenced records for at least  21 years.
9. Be ever alert to the fact that lead paint poisoning in Baltimore is considered by many to be a major healthcare crisis, thus landlords must be diligent and vigilant in this area.

THE PEOPLE'S LAW SCHOOL - BALTIMORE, MARYLAND

 www.charlesjeromeware.com   "Here to make a Difference."

Friday, June 17, 2016

The Lawyer's Mailbox: RENTAL PROPERTY HISTORY : CHARLES JEROME WARE, LLC...

The Lawyer's Mailbox: RENTAL PROPERTY HISTORY : CHARLES JEROME WARE, LLC...: www.charlesjeromeware.com        " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally-r...

The Lawyer's Mailbox: RENTAL PROPERTY HISTORY : CHARLES JEROME WARE, LLC...

The Lawyer's Mailbox: RENTAL PROPERTY HISTORY : CHARLES JEROME WARE, LLC...: www.charlesjeromeware.com        " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally-r...

RENTAL PROPERTY HISTORY : CHARLES JEROME WARE, LLC, Baltimore Lead Paint Defense Attorneys

www.charlesjeromeware.com        " Here to make a Difference."
Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact experienced defense attorney Charles Ware and his colleagues at (410) 730-5016 or (410) 720-6129. They can help you.

A common mistake landlords make when acquiring and renting out residential properties in urban areas such as Baltimore is a lack of diligence in seeking the history of the property. Almost invariably, owners in these areas who purchase and rent out these properties will encounter problems with the properties --- such as lead paint claims, other maintenance problems, etc. Clearly, the more historical knowledge acquired by the owner/landlord on the property before renting it out, the better prepared the owner/landlord will be for what follows in the tenant relationship.

Property maintenance, tenant notice, and record-keeping are paramount in successful residential property "landlording" , and particularly when renting older (pre-1978 built) residential units.

Once our landlord clients inform us of their notice of a potential lead poisoning or lead paint claim, we urge their investigation of the history of the property. Certainly, having that historical background already available in tenant and property folders or files is very helpful in defending the landlord against lead paint and lead poisoning claims and lawsuits, etc.

For example, often a child's alleged exposure to lead-based paint conditions may span several years and may involve, frequently, different  landlords,lead liability insurance policies, etc.  It may be that the property owner did not own the building during the entirety of the alleged exposure period or that the rental premises were perhaps insured by a different lead liability insurance carrier during a portion of that period.

If it can be demonstrated or proven that the landlord did not own the residential unit during the tenancy of the plaintiff's family or during the child's alleged exposure period, a motion seeking dismissal of the claim would be appropriate.

Rental property history is very important for the landlord.


Wednesday, June 15, 2016

The Lawyer's Mailbox: MARYLAND LEAD PAINT RECOMMENDATIONS FOR BALTIMORE ...

The Lawyer's Mailbox: MARYLAND LEAD PAINT RECOMMENDATIONS FOR BALTIMORE ...: www.charlesjeromeware.com    "Here to make a Difference." In an effort to reduce possible lead poisoning claims and assist in th...

MARYLAND LEAD PAINT RECOMMENDATIONS FOR BALTIMORE LANDLORDS: TIPS BY CHARLES JEROME WARE, LLC, ATTORNEYS

www.charlesjeromeware.com   "Here to make a Difference."


In an effort to reduce possible lead poisoning claims and assist in the defense of lawsuits being pursued , we recommend that Baltimore residential rental landlords consider the following precautionary measures :


(1) Prior to renting out a residential unit to a new tenant, landlords should require the prospective tenant to disclose the names and ages of all persons who will reside in the residence.
(2) Landlords should inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
(3) The landlord should conduct periodic inspections of each residential unit and follow the same procedure with regard to the maintenance of inspection sheets signed by tenants.
(4) Landlords should treat all complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(5) Landlords should retain MDE-licensed and insured contractors with experience in the field to perform any required lead abatement work.
(6) Landlords should paint residential units ( at least on the interior)  on a reasonably regular basis (perhaps every three or four years or so) and maintain copious records of all maintenance, repair, and paint work performed within each residential unit.
(7) If the landlord is denied access to an apartment to perform an inspection or maintenance work, the landlord is advised to document the denial within the tenant's folder and follow up with a letter to the tenant confirming the failure to gain access to the residential unit.


[ Charles Ware is a premier Maryland-based lead paint and lead poisoning defense attorney who is nationally known and respected for his successful legal representation of landlord clients who have been sued in lead poisoning cases.  For an initial courtesy consultation, contact Attorney Charles Ware at (410) 730-5016 or (410) 720-6129. He and his colleagues can help you.]

The Lawyer's Mailbox: BALTIMORE LEAD TOXICITY RISK ASSESSMENT : LEAD PO...

The Lawyer's Mailbox: BALTIMORE LEAD TOXICITY RISK ASSESSMENT : LEAD PO...: www.charlesjeromeware.com   " Here to make a Difference." Maryland-based defense attorney Charles Ware and his colleagues have an...

BALTIMORE LEAD TOXICITY RISK ASSESSMENT : LEAD POISONING DEFENSE ATTORNEYS

www.charlesjeromeware.com   " Here to make a Difference."
Maryland-based defense attorney Charles Ware and his colleagues have an excellent reputation for successful legal defense representation of landlords in lead paint and lead poisoning claims.  For an initial courtesy consultation, contact the law offices of Charles Jerome Ware, LLC at (410) 730-5016 or (410) 720-6129.

Baltimore is considered by many to be "ground zero" for urban residential lead poisoning in the United States. This fact, among others, can make it difficult for residential rental landlords to be successful
in the city. This is one reason why we recommend that all of our residential rental landlord clients engage lead toxicity risk assessments for their applicable properties.

All lead toxicity risk assessments for residential rental properties in Baltimore should include at least the following considerations:
(1) Age of the building (Pre-1978 ?, etc.)
(2) Exterior condition of the paint
(3) Interior condition of the paint
(4) Prior reported cases, if any, of lead poisoning at the property
(5)Demographic risks at the property ( occupant backgrounds, etc.)

The Lawyer's Mailbox: DEFEND TRADE SECRETS ACT of 2016 : A PRIMER by Ma...

The Lawyer's Mailbox: DEFEND TRADE SECRETS ACT of 2016 : A PRIMER by Ma...: www.charlesjeromeware.com  The new, long-anticipated Defend Trade Secrets Act of 2016 ("DTSA") was enacted on May 11, 2016.  The...

DEFEND TRADE SECRETS ACT of 2016 : A PRIMER by Maryland Attorney Charles Jerome Ware

www.charlesjeromeware.com 
The new, long-anticipated Defend Trade Secrets Act of 2016 ("DTSA") was enacted on May 11, 2016.  The Act, inter alia, creates a Federal cause of action for trade secret misappropriation that largely mirrors the current state of the trade secrets law under the Uniform Trade Secrets Act ("UTSA, which has been adopted by 48 states.

The DTSA uses a similar definition of trade secrets as the UTSA as well as a three-year statute of limitations, and it authorizes remedies similar to those found in current state laws., among other provisions.

There are three essential and key features of the DTSA.  The first is the creation of a Federal private right of action for trade secret misappropriation.  The second is the availability of ex parte civil seizure of property necessary to prevent the propaganda or dissemination of trade secrets.  The third is a requirement that employers provide notice to employees of their immunities under the DTSA for making confidential disclosures to the government, in court filings, or in connection with whistleblower retaliation claims by employees against their employers.

Businesses should consider at least four(40 responses to the DTSA :
- Update their employment and confidentiality agreements to disclose the whistleblower immunity provisions in the DTSA.
- Reevaluate their tolerance for bringing trade secrets claims.
- Inventory their trade secrets and evaluate the protections in place to maintain the confidentiality of those secrets.
- Development response plans for suspended misappropriation and for receiving a seizure order.

[ For an initial courtesy consultation, contact the Maryland-based national law offices of Charles Jerome Ware, LLC at (410) 730-5016 or (410) 720-6129. ]






Thursday, June 9, 2016

MARYLAND SECOND CHANCE - MARYLAND SHIELD LAW: Charles Jerome Ware, LLC, Attorneys & Counselors

www.charlesjeromeware.com       " Here to make a Difference."


For an initial courtesy consultation with premier defense attorney Charles Ware and his staff at Charles Jerome Ware, LLC, contact the firm at (410) 730-5016 or (410) 720-6129.


 The MARYLAND SECOND CHANCE ACT, or MARYLAND SHIELD LAW, went into effect on October 1st, 2015. The Act allows individuals convicted of certain crimes in Maryland to use CleanRecordMd.com to petition the court to "shield" court records and police records of criminal convictions from public view or public record.


The law is different from "expungement" in that it "shields" some or all information in a criminal case private from public inspection under certain circumstance in one of the eligible 12 crimes.  Expungement removes court and public records from public inspection.

The Lawyer's Mailbox: The Lawyer's Mailbox: THE MARYLAND SHIELD LAW - SH...

The Lawyer's Mailbox: The Lawyer's Mailbox: THE MARYLAND SHIELD LAW - SH...: The Lawyer's Mailbox: THE MARYLAND SHIELD LAW - SHIELDING CRIMINAL RECOR... : www.charlesjeromeware.com       "Here to make a Diffe...

The Lawyer's Mailbox: THE MARYLAND SHIELD LAW - SHIELDING CRIMINAL RECOR...

The Lawyer's Mailbox: THE MARYLAND SHIELD LAW - SHIELDING CRIMINAL RECOR...: www.charlesjeromeware.com       "Here to make a Difference." The premier criminal defense law firm of Charles Jerome Ware, LLC is...

THE MARYLAND SHIELD LAW - SHIELDING CRIMINAL RECORDS : CHARLES JEROME WARE, LLC, Attorneys & Counselors

www.charlesjeromeware.com      "Here to make a Difference."
The premier criminal defense law firm of Charles Jerome Ware, LLC is Maryland-based and committed to successful representation of its many satisfied clients.  For an initial courtesy consultation concerning such issues as seeking to "shield" criminal conviction records in Maryland, contact us for a courtesy initial consultation at (410) 730-5016 or (410) 720-6129.


The Maryland Shield Law, also known as the Maryland Second Chance Act, went into effect on October 1st, 2015.  The Law or Act, inter alia, allows individuals to use CleanRecordMd.com to shield certain criminal convictions from public view or public record.


igned by by Maryland Governor Larry Hogan on May 12th, 2015. the Act or Law authorizes CleanRecordMd.com to petition the court to shield court records and police records relating to shieldable convictions no earlier than three(3) years after the individual satisfies the sentence or sentences imposed for all convictions for which shielding is requested; providing that, if a person is convicted of a new crime during a specified time period, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding; providing that shielded records remain accessible to specified entities.  It should be noted that "shielding" is different from "expungement". Quite simply, expungement is more expansive and effective in cleaning up one's criminal record; but still, shielding is very helpful for a person.


Shielding can be possibly authorized for convictions of one of twelve(12) specified crimes. Shielding does not apply to a conviction for a domestically-related crime [ see, Guide For Shielding Of Maryland Second Chance Act Records (Criminal Procedure, Sections 10-301 through 10-306)].


The Lawyer's Mailbox: MARYLAND AUTO ACCIDENTS : NECK, BACK AND BRAIN INJ...

The Lawyer's Mailbox: MARYLAND AUTO ACCIDENTS : NECK, BACK AND BRAIN INJ...: www.charlesjeromeware.com    "Here to make a Difference." Charles Jerome Ware, LLC is a premier personal injury auto accident law...

MARYLAND AUTO ACCIDENTS : NECK, BACK AND BRAIN INJURIES --- Charles Jerome Ware, LLC

www.charlesjeromeware.com   "Here to make a Difference."
Charles Jerome Ware, LLC is a premier personal injury auto accident law firm which is widely respected and successful in the Maryland and Washington, D. C. metropolitan area.  For an initial courtesy consultation, contact auto accident personal injury attorney Charles Ware and his staff at (410) 730-5016 or (410) 720-6129. They can help you.


Automobile accidents are the primary source of back, neck and brain injuries in the United States.
Insurance claims filed and paid for these types of injuries amount to billions of dollars every year.
The effects of these types of injuries can be long-lasting or even permanent. Experienced legal representation in these auto collision cases is , therefore, very important in assuring full legal compensation for these serious injuries.


When you are injured in a car accident, call the law offices of  Charles Jerome Ware. LLC immediately for a free initial consultation.

Friday, June 3, 2016

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DUI versus DWI : Charles ...

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DUI versus DWI : Charles ...: www.charlesjeromeware.com    "Here to make a Difference." Premier DUI and DWI defense attorney Charles Ware is Howard County-base...

HOWARD COUNTY & MARYLAND DUI versus DWI : Charles Jerome Ware, LLC

www.charlesjeromeware.com   "Here to make a Difference."
Premier DUI and DWI defense attorney Charles Ware is Howard County-based and nationally-respected for his tremendous success in defending clients charged with drunk driving.  For an initial courtesy consultation, contact him at (410) 720-6129 or (410) 730-5016.


Drunk diving is treated as a serious offense in Maryland. Therefore, self-representation in court for this charge is not a viable option. Get a good DUI and DWI defense attorney to represent you when charged with this criminal offense.


Being charged with Driving Under the Influence (DUI) means, among other things, that your blood alcohol concentration (BAC) was posted or listed at a level of 0.08% or higher. You can be sentenced to a jail term for this, etc.


You can also be charged with Driving While Intoxicated (DWI) if your BAC is 0.07% to 0. 079%.
In many cases, individuals who post the lower end of the BAC spectrum but may fail the field sobriety tests can end up with the DWI charge. This charge, too, is treated seriously in Maryland by law enforcement as well as the Judiciary.

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE TAX ISSUES : CHAR...

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE TAX ISSUES : CHAR...: www.charlesjeromeware.com   " Here to make a Difference. " Premier divorce and family law attorney Charles Jerome Ware is conveni...

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE TAX ISSUES : CHAR...

The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE TAX ISSUES : CHAR...: www.charlesjeromeware.com   " Here to make a Difference. " Premier divorce and family law attorney Charles Jerome Ware is conveni...

HOWARD COUNTY & MARYLAND DIVORCE TAX ISSUES : CHARLES JEROME WARE, LLC

www.charlesjeromeware.com  " Here to make a Difference. "
Premier divorce and family law attorney Charles Jerome Ware is conveniently located in Columbia, Howard County, Maryland. For an initial courtesy consultation, contact him and his colleagues at (410) 720-6129 or (410) 730-5016.


The following are some divorce tax basics for consideration:
 (1) Regarding alimony, generally the paying spouse deducts alimony payments from their taxes, but there are exceptions.
(2) Individuals going through a divorce must consider that child support or alimony they are paying or receiving is taxable or tax deductible.
(3) If you sell the marital (family) home during or after a divorce, you probably will not have to pay capital gains tax (with some exceptions).
(4) Spousal support payments do not automatically qualify as tax deductions. There are specific IRS guidelines that govern deductibility.
(5) Unfortunately, legal fees for divorce do not qualify as "write-offs" by IRS.