MSBA Publishes White Paper from RWL Attorney Michael Berman Regarding Maryland’s Safe Harbor Rule

The Maryland State Bar Association recently published a white paper by Michael D. Berman entitled, “It is Time to Replace Maryland’s ‘Safe Harbor’ Rule” (Oct. 2022).  In the paper, Mr. Berman argues that Maryland’s 2008 “safe harbor” rule, Rule 2-433(b), is obsolete as it was patterned on the 2006 Federal “safe harbor” rule.  In 2015, the Federal Rules of Civil Procedure modified that Rule, finding it to be shallow and problematical.  Mr. Berman suggested that Maryland’s Standing Committee on Rules and Practice should follow the federal lead and replace the Maryland Rule.  A link to the white paper is here:  Safe-Harbor-_-Whitepapers-_-MSBA-1.