KENNETH A. VOGEL

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GENERAL OVERVIEW

Ken is both an attorney and a businessman.  He is also a builder and a Realtor®, with extensive experience in construction, real estate and general business law.  Ken’s law practice is business law and commercial litigation oriented.  His practice area includes business entity formation; transactional matters; purchase, sales, financing and leasing of real property, including loan modifications and workouts; trademark and business litigation.  He has represented a wide variety of businesses on matters including employment issues.  He has also trained business managers on a variety of topics including non-discrimination and gender sensitivity issues.

Ken is well-qualified as a mediator and as an arbitrator in all manner of business, employment and contractual disputes, with a special emphasis on real estate and construction.  He represents consumers, lenders, architects, builders and subcontractors.  Ken has first-hand experience when projects go wrong and disputes arise.  He believes that mediation is the best way to resolve these disputes, and enjoys facilitating positive outcomes.

Ken’s construction experience includes serving as President of his own general contracting and development firm, during which he performed residential and commercial projects including single and multi-family homes, office and retail buildings, as well as special purpose buildings.

DISPUTE RESOLUTION EXPERIENCE

Ken is a qualified mediator, facilitator and arbitrator.  In his 25 years as a Realtor®, Ken made his living negotiating Win-Win solutions.  As a practicing attorney and litigator, he also found that he could not settle a case on behalf of his clients unless the result worked for both parties.

Ken is the Maryland and Washington, DC representative for Construction Dispute Resolution Services, LLC., an international provider of ADR services. He has served on the Maryland State Bar Association Construction Law Section Council and the Alternative Dispute Resolution Section Council.

Ken brings this strong negotiating and deal making background into his dispute resolution practice.  He received training through the Maryland District Court system and serves as a mediator for the Montgomery County (MD) Courts and as an arbitrator for the Better Business Bureau.  He previously served on Realtor® arbitration panels on the GCAAR Professional Standards Committee.

LEGAL EXPERIENCE

Attorney, Realtor®, Builder, Developer, Arbitrator and Mediator.  General business law practice with a strong emphasis in Real Estate transactions (acquisitions, leasing and financing); civil litigation, including business related and construction disputes; bankruptcy adversary proceedings, employment and independent contractor agreements, trademarks, medical practice management and restaurant business management.

Substantial first-party real estate development and construction management experience including mixed use office/retail/residential projects; Intermediate Care Facility for the Mentally Retarded; Adolescent Psych-Ed Facility (tenant: DC Government Public Schools); Half-way houses for alcoholics in recovery; headquarters for Maryland Higher Education Commission (tenant: State of MD); historic renovations; restaurant buildouts; apartment and office buildings and condominium conversions.  Proficient in commercial leasing, commercial and residential property management and brokerage sales management operations.          

            Bar-Adon & Vogel, PLLC and Metro Legal Solutions ®
            Attorneys and Counselors-at-law
            Admitted to practice law in State and Federal courts in Maryland and Washington, D.C.
 
            Construction Dispute Resolution Services, LLC
            An international company devoted to providing ADR to the construction industry.
            State Representative for Maryland and Washington, DC
 
            Vogel Realty, Inc.
            Real Estate Broker's licenses in Maryland, Washington, DC and Virginia

            Vogel Builders, Inc. (Previous)

General contractor and construction manager, specializing in small to mid-size residential and commercial renovations and new home construction.

BAR ADMISSIONS

            United States Supreme Court
            District of Columbia Court of Appeals
            U.S. District Court for the District of Columbia
            U.S. Court of Appeals for the District of Columbia
            Maryland State Court of Appeals
            U.S. District Court for the State of Maryland

PROFESSIONAL ASSOCIATIONS

Greater Capital Area Association of Realtors®
              Prior Committees: Public Policy; Professional Standards; Contract and Clauses
 
Property Management Association
International Council of Shopping Centers

Bar Associations: 

            American Bar Association
            Maryland State Bar Association
            District of Columbia Bar Association
            Montgomery County Bar Association
            Simon E. Sobeloff Bar Association

Leadership positions in the MD State Bar Construction Law Section Council (2012 - 2015) and the MD State Bar ADR Section Council (2009-2012).  Membership in bar sections has included Alternative Dispute Resolution, Real Estate, Construction, Commercial Litigation, Employment and Intellectual Property law.  Past Bar Leadership Service includes the Continuing Legal Education Committee.

As a general contractor and construction manager, previous memberships included the National Association of Home Builders (NAHB), the Suburban Maryland Home Builder’s Association and the Apartment and Office Building Association (AOBA).  As an entrepreneur, Ken was a member of the California and Merced Chambers of Commerce and the California Restaurant Association.

EDUCATION AND TRAINING          

Ken is a cum laude graduate of Duke University in Durham, North Carolina.  He earned his law degree at The American University, Washington College of Law, in Washington, D.C.  Ken  completed a two year graduate level program in Psychology (counseling skills and theory) at the University of Santa Monica in California. 

ADR Training:  Ken received extensive Alternative Dispute Resolution (ADR) training as a mediator and arbitrator, including training provided by the Maryland Courts, MICPEL, Construction Dispute Resolution Services and Mediation Matters.  His course work includes Mediation; Collaborative Law; ADR in Maryland Circuit Courts; Theory, Practice and Rules of Arbitration; Advanced Alternative Dispute Resolution; and Dispute Review Boards.

Ken completed construction courses in Construction Business Management, Construction Estimating and Solar Energy.

PRESENTATIONS AND PUBLICATIONS

Judges Don’t Make House Calls
            Maryland Bar Journal, Jan/Feb 2016
 
“What Do Clients Want? Representing Architects, Contractors and Developers, Straight from the Source”
            Maryland State Bar Association, Construction Law Section Program
            Program Co-Chair and Moderator, February 2015
 
“Construction Contracts, General Conditions, Risks and Damages”
            Maryland State Bar Association, Annual Meeting
            Program Co-Chair, Continuing Legal Education program, June 2014
 
“Practical Issues in Construction Law: Technical Defenses to Construction Claims”
            Maryland State Bar Association, Annual Meeting
            Presenter and Seminar Co-Chair. Continuing Legal Education program, June 2013
 
Psychology of Resolving Construction Disputes
            Bar Bulletin (MD), May 2013
 
“Recent Legislative Developments Affecting Construction”
            Maryland State Bar Association, Construction Law Section
            Presenter and Program co-Chair.  January 30, 2013
 
Alternative ADR for Construction Disputes: A Litigator’s Perspective
            Maryland Bar Journal, March 2012
 
“Mediator Mindfulness”
            Maryland State Bar Association, ADR Section Professionalism Program
            March 13, 2012
 
“Advanced ADR in Construction Disputes”
          Maryland State Bar Association, ADR Section and Construction Law Section joint Continuing Legal Education program.  June 2011
 
“How to Save Time and Money Using Alternative Dispute Resolution”
            Maryland State Bar Association, ADR Section webcast, Spring 2010
 
Mediating Home Improvement Construction Disputes
MD State Bar ADR Section Newsletter, 2009
 
“New Tricks for Old Mediators: Alternative Methods of Structuring Mediation”
            Maryland Mediators Convention, December 2008
 
Bringing Peace to the House: Mediating Home Improvement Disputes
            ACResolution magazine (Association for Conflict Resolution), Fall 2008
 
“A Trial Lawyer’s Guide to Successful Alternative Dispute Resolution”
            Montgomery County Bar Association, Law Day 2008 program
 
“Sale of a Business: Tax Matters For The General Business & Corporate Lawyer & CPA”
            Montgomery County Bar Foundation and the Maryland Association of Certified Public Accountants, CE class.  December 10, 1996.
 
“Use of Psychological Expert Witnesses in Personal Injury Litigation”
            Montgomery County Bar Foundation, CLE class
 
“Use of Psychological Expert Witnesses in Criminal Evaluation and Sentencing”
            Montgomery County Bar Association, CLE Class, April 17, 1996