McCarthy Wilson

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For over 40 years, McCarthy Wilson has excelled in the litigation of civil and criminal cases on behalf of numerous businesses, insurers and individual clients throughout the state and federal courts of Maryland, Virginia and the District of Columbia. Although our firm has grown and evolved over the years to a Mid-Atlantic regional practice, with the ability to manage legal concerns for clients on a national and international scale, our core values and principled dedication to client service remain constant.

The Education Article requires county boards of education to provide counsel to defend employees against any suit if the employee was acting in the performance of his duties, within the scope of his employment, and without malice. Md. Code Ann., Educ., §4-104(d). In an earlier case, in which McCarthy Wilson LLP also represented the prevailing party, Montgomery County Board of Education v. Horace Mann Insurance Co., 383 Md. 527, 860 A.2d 909 (2004), the Court of Appeals established that the potentiality rule applies to this statutory duty to defend.

This case arose out of a high school student's claim that he was assaulted by his Vice Principal. The student filed a one-count Complaint for assault against the Vice Principal, alleging that he was called to the Vice Principal's office and, behind closed doors, the Vice Principal brandished a knife with a six or seven inch blade directly in front of him, placing him in imminent fear for his safety. The Board of Education of Worcester County refused to provide the Vice Principal with counsel to defend himself against the allegations.

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