Patrise M. Perkins-Hooker 52Nd State Bar President Trial by Jury: What’S the Big Deal?

Patrise M. Perkins-Hooker 52nd State Bar President Trial By Jury: What’s the Big Deal?

“Trial By Jury: What’s the Big Deal?” is an animated presentation for high school civics classes in Georgia to increase court literacy among young people. This presentation was created to be used by high school civics teachers as a tool in fulfilling four specific requirements of the Social Studies Civics and Government performance standards.

This animated presentation reviews the history and importance of trial by jury through a discussion of the Magna Carta, the Star Chamber, the trial of William Penn, the Constitutional Convention in 1787, the Constitution and the Bill of Rights. Also covered in the presentation are how citizens are selected for jury duty, the role of a juror, and the importance of an impartial and diverse jury.

The State Bar of Georgia’s Law-Related Education Program offers several other opportunities for students and teachers to explore the law. Students can participate in Journey Through Justice, a free class tour program at the Bar Center, during which they learn a law lesson and then participate in a mock trial. Teachers can attend free workshops correlated to the Georgia Performance Standards on such topics as the juvenile and criminal justice systems, federal and state courts, and the Bill of Rights. The LRE program also produces the textbook An Introduction to Law in Georgia for use in middle and high school classrooms.

You may view “Trial By Jury: What’s the Big Deal?” at www.gabar.org/ forthepublic/forteachersstudents/lre/ teacherresources. For a free DVD copy, email [email protected] or call 404- 527-8792. For more information on the LRE Program, contact Deborah Craytor at [email protected] or 404-527-8785.

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LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a bene t of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Lynn Gavin Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Chad Henderson CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Michelle J. Hirsch ETHICS Helpline 800-682-9806 John Clay Bush Michael Eric Hooper 404-527-8741 Clayton Owen Carmack Christine Anne Koehler Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 David Gan-wing Cheng Hollie G. Manheimer Governmental Affairs 404-526-8608 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Jacob Edward Daly Membership Records 404-527-8777 Meetings Information 404-527-8790 Editors Emeritus Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Sections 404-527-8774 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Transition Into Law Practice 404-527-8704 Marcus D. Liner, 04-07 L. Dale Owens, 87-89 Unlicensed Practice of Law 404-527-8743 Young Lawyers Division 404-527-8778 Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions The Georgia Bar Journal welcomes the submission of unsolic- D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 ited legal manuscripts on topics of interest to the State Bar of William Wall Sapp, 99-00 Steven M. Collins, 82-84 Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 ing endnotes) and on letter-size paper. Citations should con- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Bridgette Eckerson, State Stephanie B. Manis, 93-95 Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Officers of the State Bar of Georgia The Georgia Bar Journal welcomes the submission of news Patrise M. Perkins-Hooker President about local and circuit bar association happenings, Bar Robert J. Kauffman President-Elect members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Charles L. Ruffin Immediate Past President tion to: Sarah I. Coole, Director of Communications, 104 Rita A. Sheffey Treasurer Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Patrick T. O’Connor Secretary Disabilities Sharri Edenfield YLD President If you have a disability which requires printed John R. B. Long YLD President-Elect materials in alternate formats, please contact the ADA Darrell L. Sutton YLD Immediate Past President coordinator at 404-527-8700 or 800-334-6865. Headquarters Communications Committee 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Peter C. Canfield Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Sonjui L. Kumar Co-Chair Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Communications Staff 877-239-9910, 912-239-9910, FAX 912-239-9970 Sarah I. Coole Director South Georgia Office Jennifer R. Mason Assistant Director 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Derrick W. Stanley Section Liaison 800-330-0446, 229-387-0446, FAX 229-382-7435 Stephanie J. Wilson Administrative Assistant Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2014. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 10

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GBJ Legal 44 10 State Bar’s Diversity Program A Primer on Predispute Hosts Pipeline Students 16 Employment Arbitration for Seventh Year Agreements by Marian Cover Dockery by Carlos A. González 48 Georgia Bar Foundation Awards GBJ Features Grants and Honors Individuals 16 by Len Horton State Bar’s Annual Meeting Returns to Amelia Island Departments by Jennifer R. Mason 4 From the President 32 8 From the YLD President 26 Bench & Bar Final Remarks to the Board 50 of Governors 56 Office of the General by Charles L. Ruffin Counsel 58 Lawyer Discipline 32 Law Practice Management Remarks to the Board 62 of Governors 64 Section News by Patrise M. Perkins-Hooker 66 Member Benefits 40 Writing Matters 36 68 An Appreciation for History, 72 Professionalism Page A Commitment to the Future 74 In Memoriam by Linton Johnson 76 CLE Calendar 40 78 Notice Former Chief Justice of the 79 Classified Resources Supreme Court of Georgia 80 Advertisers Index Receives Distinguished 72 Service Award by Derrick W. Stanley 42 Post-Disaster Law Practice: The ABA Model Court Rule by Robert L. “Rob” Rhodes Jr. Pictured on the cover is 2014-15 President Patrise M. Perkins-Hooker with her husband, Douglas Hooker. Pictured on the cover is 2014-15 Cover photo by Attaboy Photography. From the President

by Patrise M. Perkins-Hooker Our Time to Make a Difference n June 7, I had the honor of standing His daughter, my grandmother, Minnie Newman, walked six miles one way, each day, from Decatur before the justices of the Supreme Court to David T. Howard High School in Atlanta’s Old Fourth Ward, because there was no high school in of Georgia, the judges of the Court Decatur for colored youth. She became an entrepre- O neur and a nurse. of Appeals of Georgia, fellow State Bar leaders and My mother, Barbara Newman, attended Spelman College where she met my father, members and a host of fam- Albert Perkins, a Morehouse “As we set forth to work College student from Kentucky. ily members and friends as I My father’s family had been for the benefit of all college educated, beginning with took the oath of office from my great-grandfather, Samuel Georgia lawyers, together, Lorenzo Barker, who taught him- Justice Robert Benham to self to read and then graduated we will elevate the State from Kentucky State College. serve as the 52nd president He was the principal of the Bar of Georgia and Western High School for Colored of the State Bar of Georgia. Children in Owensboro, Ky., for 42 years. For me, it was an incredibly continue to advance the One of his nine daughters, my wonderful moment—but one grandmother Florence Perkins, that was also humbling and, cause of justice.” is one of the primary reasons to some extent, unbelievable. that I am a lawyer today. She As I said in my remarks was the librarian at the local that evening, my ancestors were no doubt smiling elementary school, and each year she would box up down on the occasion. You see, I am the fifth gener- hundreds of old books that were to be decommis- ation descendant of people who were involuntarily sioned and destroyed. She would send them to me, brought to the Camp Plantation in Lawrenceville, my brother and my sister. I was under the impression Ga. My great-grandfather, Henry Kemp Sr., was that I was supposed to read all of the books that she freed when he was 10 years old. He became a min- sent before the next delivery—and so began my love ister and moved to downtown Decatur, where he of reading voraciously and rapidly. Every lawyer and lived to be 103. law student will appreciate the value of these skills!

4 Georgia Bar Journal When I was a young child, I did not know any lawyers. No one told me that I could be a lawyer, until I became the captain of the debate team and the regional winner of the Bicentennial Youth Debates in 1976, while I can sum up our company’s use of SoftPro attending Frederick Douglass High School in Atlanta. Also during high school, I was focused on working in in two words: “Central Hub.” We have grown my Junior Achievement company. In my senior year, I was with SoftPro, and utilize them for HUD-1 and the president. We set all records for profitability and sales title commitment prep, closing/disbursing, for that year at the Buckhead Junior Achievement Center. By virtue of being selected as the Outstanding Young IRS 1099 reporting, scheduling, CPL’s and Executive of the year, for all Atlanta Junior Achievement policy jackets, e-recording, ordering tax Centers, I received a full scholarship to Georgia Tech certifications, tracking mortgage releases, from an anonymous donor. How different my life might have been if I had not been encouraged to participate on bank account reconciliation and order tracking. the debate team and in Junior Achievement! Every role in our company uses SoftPro 360 After I graduated from Georgia Tech, I set my sights integrations! SoftPro’s support center is also on getting a Master’s degree in business administration. I thought an M.B.A. would help me become a better top notch in their responsiveness, business consultant, and that as a granddaughter of friendliness and thoroughness. educators and entrepreneurs, I would help the minority businesses in Atlanta grow. Just before I started the M.B.A. program at Emory University, I met a young law student, Kevin Ross, who informed me that minority businesses really needed skilled business lawyers; and he encouraged me to think beyond an M.B.A., and go to law school simultaneously—yet another intervention. After I received my J.D./M.B.A. from Emory, a highly Ken Kirkner accomplished, community-minded and talented lawyer Philadelphia, PA came in to meet me as I interviewed with his partners for Trident Land Transfer Company a law clerk position. I will never forget this moment. He (a subsidiary of HomeServices of America Inc.) asked me one simple question: “Can you write?” I told him yes, and he offered me the job on the spot! That lawyer—my first employer in the legal profes- The SoftPro Difference. sion—was none other than Marvin Arrington Sr., who SoftPro's closing and title software is #1 because it combines taught me how to be an excellent lawyer, a master at client service and a truly committed public servant cutting-edge technology with outstanding support to make leader. Thirty years later, he remains my mentor and your business run more efficiently. It is fully customizable friend. I am extremely grateful for what he taught me and scalable so you can work the way you want, yet also by example. He taught me that service was the rent that conforms to the latest regulations so you can operate we pay for the space we occupy on earth; and he taught the way you need to within our ever-changing industry. me to seek to become a leader in my community and in my profession, as a way of giving back. Outstanding Key Features: I was so honored that Judge Arrington, along with his daughter Michelle, attended my inaugural gala dur- • Fully Customizable • Maximum Efficiency ing the Annual Meeting and was able to witness the • Workflow Automation • Scalable return on his investment in me decades ago. I appreci- • Award-Winning Support • Robust Reporting ate everything that he taught me. • Underwriter and Vendor I have been blessed by an incredible village! But lest Integrations you believe that my village was limited to a village of • Compliant with ALTA’s color, let me set the record straight. I am part of that Best Practices • Mobile Apps for generation where the gates of the villages in the South Transaction Management opened up and one village began to talk to another. Once again, I was blessed. As my village expanded, Linda Klein saw something CALL 800-848-0143 FOR A FREE DEMO in me in 1996. Linda was the first woman president of OR VISIT WWW.SOFTPROCORP.COM the State Bar, and she is truly a phenomenal strategic and visionary leader. Her efforts literally changed the

August 2014 5 face of the State Bar of Georgia. Linda Klein planted has started to Board members and committee Recognizing a need for more diver- bear fruit. Today, I am witness to chairs as we work together to set sity in the Bar’s programs, commit- the fact that the highest positions the stage for the next 50 years of tees and activities, she promoted the of leadership of our State Bar are leadership in the State Bar. active outreach to and recruitment open to all lawyers licensed to prac- We will be reaching out to those of lawyers of color. Linda appointed tice in Georgia. in our community who are under- me to the Finance Committee dur- I shared this story during my served through a combination of ing the 1995-96 Bar year. The fol- inaugural remarks to emphasize, programs designed to increase the lowing year, I successfully ran for especially to the younger lawyers in access to legal services by people election to the Board of Governors. the audience, that we must always in need. These people need to see While I accept the honor and the remember our history. We must and believe that our legal system responsibilities of this position, I recognize that we are never on the is of value to them personally, cannot help but consider all the journey alone. There are always and that we as lawyers care about shoulders I stand upon. I stand on those who open doors, teach us ensuring that everyone has access the shoulders of numerous African- invaluable lessons, set examples to to legal services. American lawyers who revolved follow and give us our wings. It Also, the State Bar in conjunction through the Board of Governors, two is quite clear that we did not get with the Young Lawyers Division or three at a time, until fairly recent- here on our own. Many before us will be providing lawyer volun- ly. These include the two African- worked hard so that we might have teers in a pilot program with some American lawyers who were elected this opportunity, this access and of our school systems to introduce to the Bar’s Executive Committee this moment in time. the iCivics program in Georgia. before me: William Jenkins and But it is equally clear that oppor- The iCivics program is designed Aasia Mustakeem. tunity means absolutely nothing if to reinforce the understanding of In fact, if circumstances and tim- you are not willing to take advan- middle and high school students ing in his life had been different, I tage of it and work hard. It has about their obligations as citizens truly believe that William Jenkins taken me 17 years—and I wouldn’t of our country and hopefully, they might have been the first person of trade them for anything. I have too will have an opportunity to color to have been elected an offi- learned the internal workings of the become lawyers in the future. cer of the State Bar of Georgia. He Bar and have worked with many of We will also be reaching out was a well-respected and dedicated its staff for more than a decade. I to lawyers throughout the state leader on the Board of Governors, am prepared for Bar leadership. For to encourage all members of our one to whom I looked up as a new my part, I demonstrated my readi- profession to take an interest in member of the Board. He encour- ness for leadership and proved my and get involved with our State aged me to continue my journey worth. I was an active and engaged Bar. Along the way, I hope to use with the Bar. member of the Georgia Association some of my business skills to work Then there is Bryan Cavan, of Black Women Attorneys since with the new executive director to another great president of the 1985. I served as a leader of the improve and enhance the technol- State Bar whose challenge to me to Gate City Bar Association in 1996, ogy and customer service functions run for the Executive Committee before my election to the Board of of our Bar. (detailed in the presidential pro- Governors. I accepted leadership of We have a full year of exciting file article on page 36) kick-started the Real Property Law Section of the work ahead of us! I will need your my ascent up the leadership lad- State Bar in 2011. I actively partici- help and your prayers. As we set der. Bryan’s challenge reminded pated on each and every committee forth to work for the benefit of all me that the lack of diversity in Bar to which I was assigned. I showed Georgia lawyers, together, we will leadership would not be solved by up at meetings and fulfilled my elevate the State Bar of Georgia complaining from the sidelines. responsibilities as an active mem- and continue to advance the cause These are the people who made a ber of the committee. The network of justice. difference in my life, and because of that I created with the members of As I stand before you today on them, 2014-15 heralds a new era in these organizations and a few oth- the shoulders of so many, I ask you the State Bar’s history: 60 years after ers allowed me to win a statewide to join me and get involved. There Brown v. Board of Education, 51 years election. It did not happen auto- is plenty of room at the table to after the March on Washington and matically. I am here because of the serve. I thank you for being a part 50 years after the passage of the faith that people have had in me of history. Civil Rights Act of 1964. More than and because of what I demonstrated a half-century after the voluntary to them when given a chance. Patrise M. Perkins-Hooker is Georgia Bar Association gave way I hope you will join our phenom- the president of the State Bar of to the unified State Bar of Georgia, enal leadership team of officers, Georgia and can be reached at this is the era in which the seed that Executive Committee members, [email protected].

6 Georgia Bar Journal Lawyers Need to Help Get Citizens Registered to Vote

The ABA’s Law Day theme was American Democracy n Providing time for your staff to vote and and the Rule of Law: Why Every Vote Matters. encouraging them to do so. The right to vote is one of our most important and n Holding voter registration drives in your local highly coveted rights granted under the Constitution of communities through your local bar association, the United States. We as lawyers pledge to uphold the churches or other nonprofit organizations. Constitution and the rights granted therein. n Encouraging all young people who will be I urge you to commit yourself to encourage everyone 18 years old by Nov. 4 to register now even that you come into contact with to register and vote in though they may not be 18 as of the date that the Nov. 4 elections. Let’s start with our own offices, they complete the voter registration form. colleagues, family, friends and neighbors. The deadline We as lawyers need to be actively involved in making for registration is Oct. 6, 2014, for this November’s sure that all people statewide who are eligible to vote election, but once a citizen has registered to vote, they have access to information on how to vote. Please do not have to register again as long as they exercise this make an effort to reach out and get engaged. right on a frequent basis. Send me an email at [email protected] to let me It is easy for you to help ensure that all citizens have know how your voter registration efforts are going! access to the right to vote. You can start by: I look forward to hearing how we as lawyers are n Having voter registration forms displayed and working to protect the constitutional right to vote. available in your office for use by the public. These forms can be obtained from your local elections office. n Confirming that all members of your family and Patrise M. Perkins-Hooker staff have registered to vote. President, State Bar of Georgia From the YLD President

by Sharri Edenfield New Opportunities for Service, Leadership and Education in the YLD une 6, 2014, is a day that will always be in the U.S. Army when, after landing at Normandy, he marched to Germany, where he fought in the significant to me for two reasons: first, I had Battle of the Bulge, the largest and bloodiest battle the United States fought in during the war. My the extraordinary honor of being sworn in as uncle, Jack Lammey, was a B-24 Bomber pilot in the J U.S. Army Air Force and the 68th president of the YLD “These are just a few of flew 29 missions in the South Pacific. Finally, my second while being surrounded by my the opportunities that YLD cousin, George Carter, was 19 years old when he gave his life family and friends. Second, members have through for his country at Normandy. I did some research and the date marked the 70th learned that the average age YLD involvement to make a of a soldier during World anniversary of D-Day, when War II was approximately difference in their own life 26 years old, which happens 156,000 Allied troops stormed to be exactly how old I was and the lives of others. I am when I graduated from law the beaches of Normandy, school. The significance of so excited about what we being sworn in as president of France, launching the suc- approximately 10,000 Georgia can accomplish together and young lawyers on the 70th cessful invasion of German- anniversary of the date that cannot wait to see what this another group of young peo- occupied Western Europe, ple changed the course of the history of the world for the ultimately bringing about the year has in store for us.” better inspired me to think about what a tremendous end of World War II. opportunity Georgia young lawyers have to, in our own way, effect dramatic change for good. That is why Like many of you, I have family members who I will be focusing my year as YLD president on projects were (and are) members of the “Greatest Generation.” that promote service, leadership and education. The fol- My uncle Waldo Waters was a 19-year-old soldier lowing is a brief outline of a few projects.

8 Georgia Bar Journal Clearly, members of the mili- around the state this fall. Further, “Alumni Leadership Council,” com- tary and their families are very Georgia YLD members will have prised of former YLD officers and important to me. In fact, my additional opportunities to serve non-elected leaders, to help me with brother-in-law, Ed Piasta, spent through the very successful First creating professional development more than five years in the U.S. Responders’ Pro Bono Wills and educational workshops for all Army JAG Corps before he left Clinic that was begun last year by YLD members that will serve as active duty to become a full-time Katie Willett and Brandon Elijah. a sort of “Advanced Placement” Georgia young lawyer who also We will also strive to meet an Leadership Academy experience. serves as a JAG in the Georgia even mightier goal this year Preliminary subjects that will be National Guard. Ed’s wife and through the Attorney General’s covered include general topics like my sister, Kristie Edenfield Piasta, Legal Food Frenzy. media training, governmental affairs is not only a military spouse but I am also very excited about my orientation, protocol training, ser- she is also a Georgia young law- leadership and education initia- vice on nonprofit boards, as well yer. That is why I have asked tives. I had the honor of being a as YLD-centric education, including Ed, Kristie and Quentin Marlin, a member of the inaugural class of how to be a leader in the YLD with- young lawyer who served in the the YLD Leadership Academy in out being an officer, what type of Georgia Air National Guard, to 2006 and was lucky to serve as the commitment elected YLD leadership serve as my directors of military co-chair of the program for more requires, staying involved in the Bar support. Initial plans for support- than five years, where I intro- after the YLD and how to take a ing the military include a two- duced more than 250 young law- good idea and turn it into a success- pronged approach. First, we will yers to the State Bar and the YLD. ful YLD program. reach out to young lawyers serv- “Making young lawyers leaders” Sir Winston Churchill once said ing in the JAG Corps on military was a tag line I added to the very that, “We make a living by what bases around our state and invite first Leadership Academy bro- we get, but we make a life by what them to get involved with the chure and it is an idea that I take we give.” These are just a few of nearest YLD local affiliate as well seriously. That is one reason why the opportunities that YLD mem- as the Georgia YLD, regardless of I appointed Will Davis as direc- bers have through YLD involve- whether they are members of the tor of the High School Mock Trial ment to make a difference in their State Bar of Georgia. Second, we Program (HSMT) so that he can own life and the lives of others. I will work to provide pro bono ser- help coordinate the YLD’s efforts am so excited about what we can vices to military veterans around in supporting HSMT as well as accomplish together and cannot the state who don’t already qual- expanding and improving the wait to see what this year has in ify for free legal services through HSMT “Law Academy” program, store for us. the JAG Corps. which serves as a bootcamp of Another new opportunity for sorts for the best and brightest Sharri Edenfield is the president service this year will be through students involved in HSMT. of the Young Lawyers Division of participation in President Patrise Additionally, I have appointed the State Bar of Georgia and can Perkins-Hooker’s iCivics initiative Kelly Campanella as my director be reached at [email protected]. that will roll out in classrooms of programming and created an Do You Work with a Partner You Like and Trust? As a partner, we deliver: • Superior financial stability • Accessibility • Quality educational programs • Industry veterans to assist you with underwriting support needs • A commitment to attorney closings

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August 2014 9 A Look at the Law

A Primer on Predispute Employment Arbitration Agreements by Carlos A. González

s a fundamental institution in American

society, the workplace is regulated by a A great many laws governing the relationship between employees and employers. These laws can give rise to expensive and vexing litigation. For fiscal year 2013, the Equal Employment Opportunity

Commission (EEOC) reported that more than 90,000 private sector workplace discrimination charges were filed. In 2012, the number of discrimination charges was almost 100,000. In addition to the tens of thousands of cases alleging violation of the nation’s civil rights laws, thousands of other employment related cases are filed annually. These other employment matters include cases under the Fair Labor Standards Act, Family and

Medical Leave Act, Employment Retirement Income

Security Act and employment contract disputes.

10 Georgia Bar Journal In an effort to shorten the time policy.2 Consequently, the federal otherwise unenforceable under for resolution and curb the ris- and state courts of Georgia have federal8 or state9 law. ing cost of employment-related not hesitated to enforce predispute litigation, employers and employ- employment arbitration agree- Limitations on ees are turning in increasing num- ments,3 including agreements that the Arbitration of bers to alternative dispute resolu- require the arbitration of federal tion methods, and in particular and state statutory claims.4 Employment Disputes to binding arbitration.1 While the Many employers are insisting While arbitration of employ- widespread use of binding arbitra- upon acceptance of predispute ment disputes is becoming more tion is somewhat new to the non- mandatory arbitration provisions common, crafting binding arbitra- unionized workforce, arbitration in employment contracts and as a tion agreements between employ- has been a staple in collective bar- condition of at-will employment. ers and employees is not with- gaining agreements for decades. The practice is not without con- out challenges. Courts have not Pursuant to these agreements, troversy. An effort is underway hesitated to invalidate arbitration issues of discrimination, discipline, in Congress to amend the Federal agreements when courts find that failure to promote and demotion Arbitration Act (FAA) through the agreements are one-sided and have been submitted to arbitrators the adoption of the Arbitration unfair. Biased selection proce- for final resolution. Fairness Act of 2013.5 If enact- dures for choosing arbitrators and ed, the Arbitration Fairness Act inconvenient arbitration forums Employment Dispute of 2013 would restrict the ability have been grounds for invalidat- Arbitration is Favored of federal courts to enforce pre- ing arbitration provisions.10 Courts dispute arbitration agreements if have also invalidated arbitration The U.S. Congress and the such agreements require the arbi- schemes that defeat a statute’s General Assembly of Georgia have tration of employment disputes.6 remedial purpose, such as limiting long endorsed arbitration as a Until such time as Congress acts,7 the scope of the relief that would be means of resolving disputes. Both however, state and federal courts otherwise available under a statute federal and state courts have held will continue to enforce predis- in court.11 that the right to engage in arbitra- pute employment arbitration pro- Arbitration programs that are tion is a matter of strong public visions unless such provisions are essentially unaffordable to employ-

August 2014 11 ees have also been subject to judicial plan represents an offer by the able under the Georgia Arbitration criticism. In American Express Co. v. employer to be mutually bound Code.21 The FAA would almost Italian Colors Restaurant, the U.S. with the employee to the terms of certainly pre-empt an effort to Supreme Court acknowledged its the plan.14 invalidate an arbitration agree- earlier dicta that a successful chal- In whatever manner presented, ment solely on a failure to initial, lenge to an arbitration agreement the employer should condition provided that the agreement was might be made if the “filing and continued employment or an offer otherwise covered by the FAA.22 administrative fees attached to arbi- of employment on acceptance A predispute employment tration . . . are so high as to make of the arbitration provision.15 arbitration agreement must also access to the forum impractica- The mutual promise to submit include provisions ensuring that ble.”12 The Court places the burden employment disputes to arbitra- the cost of arbitrating is affordable to show the likelihood of incurring tion is sufficient consideration to the employee. A good measure excessive fees on the party seeking to support contract formation.16 is that the cost of arbitrating— to invalidate the agreement.13 The District Court in Caley v. including the arbitrator’s fees Gulfstream Aerospace Corp., found and administrative assessments— Employment Arbitration the following employer-drafted should not exceed the amount the Agreements Must be language constituted a binding employee would have to pay to agreement to submit employment file a suit in court. For exam- Properly Structured claims to arbitration. ple, the American Arbitration Since arbitration agreements are Association’s (AAA) rules help contracts, it is essential that the The submission of an applica- to ensure accessibility by limit- elements of valid contract formation, acceptance of employment ing the amount to be paid by tion exist if employer and employ- or the continuation of employ- an employee filing a demand for ee are to be bound to the arbitral ment by an individual shall be arbitration pursuant to an employ- forum. Consequently, there must deemed acceptance of the DRP er-sponsored arbitration plan. In be offer, acceptance and consid- [Dispute Resolution Policy] . . . . cases before a single arbitrator, eration evident in the agreement The mutual obligations set forth an employee’s costs are capped to arbitrate. Binding contract for- in this DRP shall constitute a at a nonrefundable filing fee of mation is simple in the context of contract between the Employee $200 unless the arbitration plan individually negotiated employ- and the Company but shall not provides that the employee pays ment agreements. The require- change an Employee’s at-will less.23 The same $200 cap applies ment becomes more complicated relationship. . . .17 in cases in which three or more when dealing with employees arbitrators are required. Another who work without the existence of Once the elements of contract restraint on costs is that under an employment contract. formation are in place, federal the AAA rules all expenses of the Georgia strictly adheres to the and state laws support the right arbitrator and any AAA admin- at-will employment doctrine, to arbitrate. The FAA18 pre-empts istrative expenses are borne by and it is well settled that the state laws that undermine the the employer. “at-will” arrangement does not enforcement of private arbitra- The shifting of costs to the create a contractual right to con- tion agreements.19 In drafting employer addresses the continued employment. Employers predispute agreements to arbi- cern that the expenses of whose workforce consists of at-will trate, attorneys should be careful arbitration might be an impedi- employees are wary of efforts that to recite that the agreement is ment to the resolution of disputes might create a legally enforceable to be governed by the FAA and, between employees and employ- interest in continued employment. where appropriate, by state law. ers. Moreover, an arbitrator under The law has evolved, however, These recitations may avoid or the AAA rules may award costs so that employers and employ- blunt potential challenges based and attorneys’ fees in those cases ees can contractually agree to an on unique features in a partic- in which the underlying statute alternative dispute resolution plan ular state’s arbitration code. In provides for such an award and the without creating a contract for Georgia, for example, the Georgia employee is otherwise entitled to continued employment. Arbitration Code contains a pro- costs and attorneys’ fees under the The terms of such a plan can be vision requiring an employer and law.24 Therefore, from the employ- set forth in an employee handbook, an employee to initial any pro- ee’s perspective, the cost of pro- manual or by other separate doc- vision in an arbitration agree- ceeding in arbitration is equivalent uments. The law recognizes that ment that relates to the terms and to or less than the cost of initiat- doing so creates binding obliga- conditions of employment.20 If ing litigation against the employ- tions within the scope of the at- such provisions are not initialed, er in court. This is particularly will doctrine since the arbitration those provisions are unenforce- true in cases where a prevailing

12 Georgia Bar Journal Private Health Insurance Exchange

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Products sold and serviced by the State Bar of Georgia’s recommended broker, Member Benefits. The State Bar of Georgia is not a licensed insurance entity and does not sell insurance. employee is entitled to an award of of contract, the agreement to arbi- provisions. Stephanie Mencimer, Have You Signed Away Your Right attorneys’ fees. trate must satisfy the requirements to Sue?, MOTHER JONES, (last The predispute arbitration of contract formation. Second, the visited June 25, 2014, 10:04 AM), agreement should also be as spe- agreement should specify that it is http://www.motherjones.com/ cific as possible in designating to be interpreted pursuant to the politics/2008/03/have-you- the types of employment disputes FAA and where appropriate state signed-away-your-right-sue. subject to arbitration. Accordingly, law. Third, the cost to arbitrate for 2. See CompuCredit Corp. v. the agreement should enumer- the employee must not be exces- Greenwood, 132 S. Ct. 665, 669 ate the state and federal statutory sive so that the cost operates as a (2012) (the FAA evinces “a liberal claims and common law actions de facto impediment to arbitration. federal policy favoring arbitration that are subject to the arbitration Fourth, the provision should item- agreements”); Weeks v. Harden clause and those that are not. The ize the type of the employment dis- Mfg. Corp., 291 F.3d 1307, 1312 (11th Cir. 2002)(“arbitration agreement should also make it putes subject to arbitration and if agreements to resolve disputes clear that the arbitrator is autho- employment claims based on fed- between parties have now received rized to award the full range eral or state statutory provisions near universal approval”); Order of remedies available under the are to be arbitrated, then the agree- Homes, LLC v. Iverson, 685 S.E.2d enumerated laws and statutes. ment should recite that the range 304, 307 (Ga. Ct. App. 2009)(“In Attempting to foreclose or limit of remedial relief available under enacting the [Georgia Arbitration the relief otherwise available to the statute in court is available in Code], the General Assembly protect against unlawful employ- arbitration. And fifth, predispute established ‘a clear public policy in ment practice has drawn the arbitration clauses should include favor of arbitration.’”). scrutiny of courts and led to arbi- a forum-selection provision mak- 3. See Weeks., 291 F.3d at 1314 (noting tration clauses being invalidated.25 ing clear that the arbitration is to that “the Supreme Court in Circuit City [Stores, Inc. v. Adams, 532 Predispute arbitration agree- occur in reasonable proximity to U.S. 105 (2001)] held that the FAA ments should include a forum- the place of employment. If these was applicable to all contracts selection provision that specifies five conditions are satisfied, then of employment except those the geographic location where the arbitral forum can be an effi- contracts involving transportation the arbitration is to occur. In an cient, fair and economical method workers”); Caley v. Gulfstream employer-sponsored arbitration of dispute resolution. Aerospace Corp., 333 F. Supp. 2d plan, the agreement should require 1367 (N.D. Ga. 2004) aff’d 428 F.3d the arbitration to be held within a Carlos A. González 1359 (11th Cir. 2005) (compelling reasonable distance of the work- works extensively as arbitration of employment claims); Wedemeyer v. Gulfstream place. Courts have found that an arbitrator and requiring an employee to arbitra- Aerospace Corp., 749 S.E.2d 241 special master. Since (Ga. Ct. App. 2013)(discussing the tion in a geographically distant and 1993, he has served enforceability of an arbitration inconvenient location creates an federal courts around agreement in the context of the undue burden on the employee. the country as a special master employment relationship). Certain courts have ruled that an managing complex commercial 4. Circuit City Stores, 532 U.S. at inconvenient forum has the practi- 123 (“arbitration agreements cal effect of depriving the employ- and institutional reform cases. In can be enforced . . . without ee of participating in the process.26 2006, González was appointed as contravening the policies of a permanent arbitrator to a congressional enactments giving Conclusion collective bargaining agreement. A employees specific protection Arbitration is becoming widely 1989 graduate of Vanderbilt against discrimination prohibited by federal law. . . ”); Gilmer v. recognized as a valid method for University Law School, González Interstate/Johnson Lane Corp., 500 resolving employment disputes. also holds degrees from Yale U.S. 20, 35 (1991)(ADEA claims As the use of arbitration grows, so University and Florida State arbitrable); Caley, 333 F. Supp. too will the variety of agreements University. In 1993, González 2d at 1379 (arbitration of ADEA, that authorize its use. Whatever established the González Law FLSA, ERISA, and Title VII claims form such agreements take, attor- Group whose primary focus is permissible); see also Section 118 of neys preparing such predispute the Civil Rights Act of 1991, which employment arbitration agree- federal civil litigation. amends Title VII and provides ments must ensure that the arbi- that “[w]here appropriate and tration forum is procedurally and Endnotes to the extent authorized by law, 1. In 2008, the National Employment substantively fair. Several factors the use of alternative dispute Lawyers Association estimated are indicative of a fair and well- resolution, including . . . arbitration, that roughly a fifth of the is encouraged to resolve disputes drafted arbitration agreement. nonunion workforce is covered arising under [Title VII and 42 First, since arbitration is a matter by mandatory arbitration U.S.C. §§ 1981a and 1988]” The

14 Georgia Bar Journal Civil Rights Act of 1991, Pub. Cir. 1999) (invalidating Hooter’s employer and employee are bound L. 102–166, §118, 105 Stat. 1071 arbitration agreement because to submit employment disputes to (codified as amended in scattered of procedural and substantive arbitration.”). sections of 42 U.S.C.). But see unfairness issues, finding it 17. Id. at 1373 (emphasis omitted) E.E.O.C. v. Waffle House, Inc., 534 “utterly lacking in the rudiments (ellipses added). U.S. 279 (2002) (holding that an of even-handedness. . .”). Among 18. 9 U.S.C. §§ 1-16 (2006). agreement to arbitrate employment the troubling aspects of the 19. Volt Information Sciences, Inc. v. disputes does not bar the E.E.O.C. agreement were the requirements Bd. of Trustees, 489 U.S. 468, 477- from suing an employer for that arbitrators be selected from 78 (1989) (citation omitted); see monetary and injunctive relief on a panel maintained by Hooters, also American Gen. Fin. Svcs. v. behalf of an aggrieved employee). that the employee alone be Jape, 291 Ga. 637, 640 732 S.E.2nd 5. The Arbitration Fairness Act of required to disclose his or her 746, 748-749 (2012) (recognizing 2013, S. 878, 113th Cong. (2013). witnesses and the facts on which federal preemption of state laws 6. Id. at § 402(a). The act would the claim was based, and that would undermine agreements also restrict the arbitrability Hooter’s could change the terms to arbitrate); see also Results of consumer, civil rights, and of the arbitration agreement at Oriented, Inc. v. Crawford, 538 antitrust disputes. Id. It further will and without notice. Id. at S.E. 2d 73, 78 (Ga. Ct. App. 2000), requires that the validity and 938-40. These provisions led the aff’d 548 S.E.2d 342 (Ga. 2001) enforceability of an agreement Fourth Circuit to conclude that (recognizing federal preemption to arbitrate be determined by a the system established by Hooters of state law). court, not by an arbitrator. Id. at was a “sham . . . unworthy even 20. The Georgia Arbitration Act § 402(b)(1). of the name of arbitration. . .”. Id. shall not apply to “[a]ny contract 7. In 2010, Congress banned certain at 940. relating to terms and conditions predispute agreements to arbitrate 11. Paladino v. Avnet Computer of employment unless the sexual harassment claims under Techs., Inc., 134 F.3d 1054, 1062 clause agreeing to arbitrate is Title VII or in tort. The Department (11th Cir. 1998) (Cox, J. and initialed by all signatories at of Defense Appropriations Act, Tjoflat, J. concurring) (holding the time of the execution of the 2010 applies to contractors whose that “[w]hen an arbitration clause agreement[.]” O.C.G.A. § 9-9-2(c) business with the Department of has provisions that defeat the (9) (2013). Defense exceeds $1 million. Pub. remedial purpose of the statute 21. Columbus Anesthesia Group, P.C. L. No. 111-118, § 8116(a), 123 Stat. . . . the arbitration clause is not v. Kutzner, 459 S.E.2d 422, 424 (Ga. 3409, 3454 (2009). Similarly, the enforceable.”). Ct. App. 1995). Dodd-Frank Wall Street Reform 12. 133 S. Ct. 2304, 2310-11 (2013) 22. The FAA reaches those arbitration and Consumer Protection Act (ellipsis added), citing Green agreements “evidencing a prohibits predispute arbitration Tree Fin. Corp.-Ala. v. Randolph, transaction involving commerce.” agreements from being applied to 531 U. S. 79, 90 (2000) (“It may 9 U.S.C. § 2. “Evidencing a claims arising under the statute’s well be that the existence of large transaction involving commerce” whistleblower provisions. Pub. L. arbitration costs could preclude is a phrase that has been given 111-203, 124 Stat. 1376, 1739 (2010) a litigant . . . from effectively broad meaning by the Supreme (codified at 7 U.S.C. § 26(n)(2)); id. vindicating her federal statutory Court in the context of arbitration at §§ 922(b), (c), 124 Stat. at 1841 rights…”); see also Paladino, 134 and covers almost all employment (codified at 18 U.S.C. §§ 1514A(e) F.3d at 1062 (the imposition of relationships. See Allied-Bruce (1), (2)). high arbitration cost on employees Terminix Cos. v. Dobson, 513 U.S. 8. The Federal Arbitration Act undermines the statutory purpose 265, 273-81 (1994); see also Caley provides that arbitration of Title VII). v. Gulfstream Aerospace Corp., agreements are “enforceable, save 13. Green Tree Fin. Corp. -Ala., 531 428 F.3d 1359, 1370 (11th Cir. upon such grounds as exist at U.S. at 91-92. 2005) (discussing extent of FAA’s law or equity for the revocation 14. Caley, 333 F.Supp.2d at 1375 reach). of any contract.” 9 U.S.C. § 2 (citing Dodd v. City of Gainesville, 23. Employment Arbitration Rules see also Caley, 428 F.3d at 1371 551 S.E.2d 62, 64 (Ga. Ct. App. and Mediation Procedures, AM. (“arbitration agreements under the 2001)) (“Even an at-will employee ARB. ASS’N, p.32 (2009), available FAA are enforceable absent fraud, may have certain enforceable at http://www.adr.org/aaa/ duress, or some other misconduct rights pursuant to the policies of ShowProperty?nodeId=/UCM/ADR or wrongful act recognized by the an employment handbook.”). STG_004362&revision=latestreleased. law of contracts for revocation of a 15. Id. at 1375 (citing Fletcher v. Amax, 24. Id. p.29. contract.”). Inc., 288 S.E.2d 49, 51 (Ga. Ct. App. 25. See supra., n.12. 9. See Panhandle Fire Prot. Inc. v. 1981)) (“continued employment 26. See Haynsworth v. The Batson Cook Co., 653 S.E.2d 802, constitutes acceptance of new Corporation, 121 F.3d 956, 963 806 (Ga. Ct. App. 2007)(arbitration terms offered by employer.”). (5th Cir. 1997) (forum-selection agreements are a matter of contract 16. Id. at 1377 (citing Porter v. Cigna, provisions in arbitration and as such are challengeable on 1997 WL 1068630, *1 (N.D. Ga. agreements that require excessive the basis of contract invalidity). Mar. 26, 1997)) (“mutuality of travel for arbitration are 10. See Hooters of Am., Inc. v. obligation is established by explicit unreasonable and unenforceable). Phillips, 173 F.3d 933, 935 (4th policy language stating that both

August 2014 15 GBJ Feature

State Bar’s Annual Meeting Returns to Amelia Island by Jennifer R. Mason

fter a three-year absence, the State Bar

of Georgia returned to Amelia Island for A its 2014 Annual Meeting. Since the Bar’s last visit to Amelia Island, the property has undergone a massive renovation, and the end result did not dis- appoint. What was always a popular and well-loved location has evolved into something even more amazing, and the total experience of Bar members and their families could be summed up in one word: fantastic.

From start to finish, the weekend delivered in all facets of the meeting: business, pleasure and entertainment. Opening Night

Due to the renovations at the resort, the Opening Night Festival moved from its usual location around the pool to a more open area near the conference center, and the change was well received. From the pirate-themed Photos by Sarah I. Coole, Jennifer R. Mason, Derrick W. Stanley and Stephanie J. Wilson Bar members, their families and guests enjoy the pirate-themed décor, complete with a spot-on Captain Jack look-alike, Opening Night Festival at the Omni Amelia Island Resort. to the incredible DJ Jason and everything in between, the casual, well-attended, family-friendly event was ting. Kids and kids-at-heart enjoyed all types of games the perfect way to kick-off the weekend. Good food, with Captain Jack while others showed off their dance excellent music and a makeshift dance floor provided moves in front of the pirate ship. Everyone in attendance attendees with an opportunity to spend time with old seemed to agree that this opening night was one of the friends and cultivate new friendships in a laid-back set- best in recent memory.

16 Georgia Bar Journal Business at the Beach The focus of the weekend was business, and over the three days members were able to take care of their professional responsibilities while enjoying the offerings of the resort and the surrounding area. As always, multiple CLEs were available covering a wide range of topics, including the U.S. Constitution, social media and the law, business development techniques, judicial diversity and the ever-popular war stories plus Georgia evidence update. There were also opportunities to earn CLE credit in conjunction with several section lunch programs. The education component was only part of the business of the weekend. Section and committee meetings were conducted each day, providing those members a forum in which to discuss related issues and address their specific needs and agendas. All of these meetings served to strengthen the ability of the State Bar to provide Board Member Amy Howell and husband, Brian, with their two children, Lauren and William, at quality services for its members the Opening Night Festival. and the public. As each day moved into evening, business meetings gave way to social events. Early evening receptions hosted by sections, committees and other groups provided a casual yet elegant atmosphere where section members, law school alumni, Bar members and invited guests could meet, and honor and applaud the work of individuals or organizations. Attendees then had the opportunity to attend more formal events such as the YLD Dinner and Swearing-In Ceremony on Friday and the Presidential Inaugural Gala on Saturday. Other social events that were held over the weekend included the annual YLD/Pro Bono 5K Fun Run on the beach and the tennis and golf tournaments. Board Meeting Highlights

The June 6 plenary session opened with a commemoration 2013-14 President Charles L. Ruffin happily passes the gavel to incoming President Patrise M. of the 70th anniversary of D-Day, Perkins-Hooker at her inauguration.

August 2014 17 Stone (chair) and the State of the Georgia Senate Special Judiciary Committee by Sen. Curt Thompson (chair). Reports on the Investigative Panel were given by Maria Waters, the Review Panel by Tony Askew, and the Formal Advisory Opinion Board by John Shiptenko. The Memorials report was then presented by President Ruffin. During the plenary session, President Charles L. Ruffin delivered his outgoing remarks as required by the bylaws of the State Bar. A copy of these remarks can be found on page 26 of the Bar Journal. Patrise M. Perkins-Hooker presided over the 253rd Board of Governors meeting on Saturday, June 7. Highlights of the meeting included:

n Attorney General Sam Olens delivered the State of the Georgia Law Department n The Board approved the following presidential appointments: Formal Advisory Opinion Board 2013-14 YLD President Darrell Sutton addresses the Board of Governors and others in Georgia Trial Lawyers Assoc.: attendance one last time to review his year and accomplishments. David Neal Leftkowitz (2015) including a Color Guard, a video Paula Frederick for their leader- Georgia Association of presentation of the D-Day land- ship following the loss of Cliff Criminal Defense Lawyers: ing and remarks from ret. U.S. Brashier. President Ruffin pre- Holly Veal (2016) Senior Circuit Judge James C. Hill, sented a check to Phyllis Holmen Georgia District Attorneys U.S. Court of Appeals for the 11th in the amount of $522,799, repre- Association: Kenneth W. Circuit, who recalled his expe- senting voluntary contributions by Mauldin (2016) rience at that time. Prior to the Georgia lawyers to GLSP’s 2013-14 Emory University: Melissa D. presentation of awards, President State Bar Campaign. Carter (2016) Charles L. Ruffin gave a report on Following the presentation of Georgia State University: Nicole the executive director search pro- awards, the State of the Supreme Gail Iannarone (2016) cess and presented Jeff Davis as Court address was given by Chief Investigative Panel Rep.: Katie the nominee for the position. The Justice Hugh P. Thompson, fol- Wood (2015) board, by unanimous voice vote, lowed by the State of the Court of Review Panel approved Davis as the Bar’s execu- Appeals address by Chief Judge Rep.: Charles B. Marsh (2015) tive director for the 2014-15 Bar Herbert E. Phipps, the State of the At-Large: Mary Prebula (2016) year (see page 19). President Ruffin House Judiciary Committee by Rep. Letitia A. McDonald (2016) presented resolutions to William P. Wendall Willard (chair), the State Jeffrey Hobert Schneider (2016) Smith III for his work on the issues of the House Judiciary Non-Civil Investigative Panel of international trade in legal ser- Committee by Rep. Rich Golik, the District 5: William H. Thomas vices and Linton S. Johnson for his State of the House Juvenile Justice (2016) work on behalf of the State Bar of Committee by Rep. Tom Weldon District 6: Delia T. Crouch (2016) Georgia and authoring the book, (chair), the State of the Georgia District 7: Christopher A. From Banished to Unified: A History Senate Judiciary Committee by Townley (2016) of the Legal Profession in Georgia. Sen. Josh McKoon (chair), the State n The Board approved President Resolutions were also presented of the Georgia Senate Judiciary Perkins-Hooker’s 2014-15 to Sharon Bryant, Steve Laine and Non-Civil Committee by Sen. Jesse appointments to Standing,

18 Georgia Bar Journal Special, Program and Board Jeffrey R. Davis Elected as Executive Director committees. n The Board approved the reap- of the State Bar of Georgia pointments of Patrick Flinn, Patricia Gorham, Wade Herring, The Board of Governors of the and Tamera Woodward and the 46,000-member State Bar of appointment of Russell Bonds to Georgia officially elected Jeffrey the Georgia Legal Services Board R. Davis as executive director of of Trustees for two-year terms. the organization June 6 during its n The Board approved the reap- Annual Meeting. pointment of A. James Elliott Davis had been selected and appointment of Kyle unanimously by the State Bar’s Williams to the Chief Justice’s Executive Committee in April Commission on Professionalism after being one of three finalists for three-year terms. recommended by a 14-member n The Board approved the propos- search committee charged with evd 2014-15 election schedule. seeking a successor to longtime n As required by Article V, Section Executive Director Clifton A. 8 of the Bylaws, the Board: Brashier, who passed away in n authorized the president December 2013. to secure blanket fidelity Davis has served as director of bonds for the Bar’s officers the Georgia Judicial Qualifications and staff handling State Bar Commission since 2010. On two occasions during the 1990s, he worked at funds. the State Bar of Georgia as assistant general counsel (1992-94) and assistant n As required by Article V, Section Bar counsel (1995-97), during which time he investigated and prosecuted 6 of the Bylaws, the Board: lawyer discipline cases and the unlicensed practice of law, in addition to n directed the State Bar and advising the Bar on contracts, employment and other corporate issues. related entities to open appropriate accounts with A graduate of the University of Tennessee-Chattanooga and the Candler such banks in Georgia, but School of Theology at Emory University, Davis earned his J.D. degree from excluding any bank that Georgia State University College of Law in 1991, having served as student does not participate in the writing editor of the GSU Law Review. As a law student, he worked as a law IOLTA Program, and other clerk in the Law Offices of Bruce S. Harvey in Atlanta. Upon graduation, such depositories as may he became an associate in the firm, assisting with criminal defense cases in be recommended by the state, federal and appellate courts, before his first stint with the State Bar. Finance Committee, and Davis worked as real estate counsel for the then-startup Caribou Coffee designated by the Executive Company based in Atlanta and Minneapolis in 1994-95. He joined the Committee of the Board of Chapar Firm in Atlanta and Conyers in 1998, where he practiced for two Governors of the State Bar years before becoming a partner with Winkler DuBose & Davis LLC in of Georgia, and that the Madison (2000-10). persons whose titles are listed below are authorized to sign an agreement to manager and the general n designated Cherry Bekaert be provided by such banks counsel provided either the LLP as the independent and customary signature president, the secretary or auditing firm to audit the cards, and that the said the treasurer shall sign all financial records of the banks are hereby autho- checks or vouchers and that State Bar for the fiscal year rized to pay or otherwise said accounts can be recon- 2012-13. honor any check drafts, or ciled from time to time by n President Perkins-Hooker other orders issued from said persons or their desig- addressed the Board of time to time for debit to nees. The authority herein Governors and presented an said accounts when signed given is to remain irrevo- overview of her proposed pro- by two of the following: cable so as said banks are gram of activities for the 2014- the treasurer, the secretary, concerned until they are 15 Bar year (see page 32). the president, the imme- notified in writing of such n President Perkins-Hooker pre- diate past president, the revocation of authority and sented an award to Sharon president-elect, the execu- in writing, acknowledge Bryant for her commitment, ser- tive director, the office receipt thereof. vice and leadership as interim

August 2014 19 1 2

4 5

9 10 Photos from the Annual Meeting 1. Supreme Court of Georgia Justice Robert Benham swears in the 2014-15 officers of the State Bar, (left to right) President-Elect Robert J. Kauffman, Treasurer Rita A. Sheffey and Secretary Patrick T. O’Connor. 2. Albert Perkins, father of 2014-15 President Patrise M. Perkins-Hooker, performs “America the Beautiful” at her inauguration. 3. State Bar of Georgia’s 2014-15 Executive Committee: (back row, left to right) YLD President Sharri Edenfield, 3 Executive Committee Member Kenneth B. Hodges III, Executive Committee Member David S. Lipscomb, Executive Committee Member Brian D. Rogers, Secretary Patrick T. O’Connor, Executive Committee Member Phyllis J. Holmen, YLD President-Elect John R. B. “Jack” Long and YLD Immediate Past President Darrell L. Sutton; (front row, left to right) Treasurer Rita A. Sheffey, Executive Committee Member Nicki N. Vaughan, President Patrise M. Perkins- Hooker, Immediate Past President Charles L. Ruffin and President-Elect Robert J. Kauffman. 4. 2014-15 YLD President Sharri Edenfield is sworn in by her uncle, U.S. District Court Judge Avant Edenfield, while her father Gerald Edenfield (State Bar past president 2007-08) and sister Kristie Edenfield Piasta look on. 6 5. Board member Carl Varnedoe with wife Christina and daughter Mary Mobley at the YLD Dinner and Swearing-In Ceremony. 6. (Left to right) GABWA members Joy Lampley-Fortson, Kristin Hall, Jacqueline Bunn, Kimberly Wakefield Aiken, Christina Calloway and Janet Scott, at the reception honoring the Supreme Court of Georgia justices prior to the Presidential Gala. 7. Participants in the tennis tournament: (back row, left to right) Dee Dee Worley, Hon. R. Rucker Smith, Cassandra Kirk, Donna Schaaf, Tedra Hobson, Tim Jefferson and Amelia Island pro; (front row, left to right) Cindy Presto, Morgan McDonald, Caroline Brashier, Margaret Washburn and Eric Ballinger. 8. Tracee Benzo and Jacqueline Bunn 8 accept the Award of Merit from 2013- 14 State Bar President Charles L. Ruffin on behalf of the Georgia Association of Black Women Attorneys. 9. Board Member John G. Haubenreich and Elizabeth Pelypenko at the reception honoring Incoming President Patrise M. Perkins-Hooker. 10. Executive Committee Member Kenneth B. Hodges III with wife Melissa dancing the night away at the Presidential Gala. 11. Past President Lester Tate and Supreme Court of Georgia Justice David Nahmias at the Presidential Gala. 12. Everyone’s favorite pirate, Captain Jack 11 12 Sparrow, at the Opening Night Festival. n Treasurer Rita A. Sheffey presented a report on the Bar’s finances and investments, and the Board, by unanimous voice vote, approved the proposed 2014-15 Operations and Bar Center budgets as submitted. n Following a report by President Perkins-Hooker, the Board, by unanimous voice vote, approved the proposed amended bylaws of the Intellectual Property Law Section. n The Board received a copy of the action taken by the Executive Committee at its meeting on Feb. 21-22. n The Board received a memo with a link to access the online annual written report on the activities of the Office of the 2013-14 President Charles L. Ruffin presents the 2014 State Bar of Georgia Employee of the General Counsel. Year award to Sarah I. Coole, director of communications. n The Board received written reports from the Fee Arbitration leader of the State Bar during and young lawyers who need Program, the Law Practice the 2013-14 Bar year. jobs. She thanked outgoing YLD Management Program, the n Executive Committee elections President Darrell Sutton for his Military Legal Assistance were held with the follow- accomplishments and gave him Program, the Unlicensed Practice ing results: Phyllis J. Holmen, an opportunity to recap his Bar of Law Program, the Transition Kenneth B. Hodges III and year. The Board of Governors Into Law Practice Program, the Nicki Noel Vaughan. also received a written report on Consumer Assistance Program, n YLD President Sharri Edenfield the YLD committees, programs the Civil Legal Services Task Force, addressed the Board of Governors and projects for the 2013-14 the Member Benefits Committee: and presented an overview of her Bar year. Private Insurance Exchange, the proposed program of activities n Dan Snipes (2013-14 ACL chair) Long Range Planning and Bar for the 2014-15 Bar year. As a and Thomas Worthy provided Governance Committee, the big supporter of the military, she a recap of the 2014 legislative Access to Justice Committee, plans to reach out to military law- session. Thereafter, Sen. Ronald the 2014 Law Day Program, yers on bases around Georgia to B. Ramsey Sr. (D-Decatur) pre- the Georgia Legal Services head up an effort geared toward sented a Senate Resolution to Program and the Chief Justice’s young lawyers and to comple- President Perkins-Hooker. Commission on Professionalism. ment the efforts of the Military Worthy announced the law- n The Board received written Legal Assistance Program. She yer-legislators going back reports from the following sec- will expand the YLD’s commu- to the General Assembly and tions: Animal Law, Antitrust nity outreach efforts by growing provided a preview of the Law, Child Protection & existing programs such as the upcoming legislative session. Advocacy, Eminent Domain, Legal Food Frenzy and the Wills The Board of Governors received Family Law, Intellectual Property Project. She will create a Lawyers a written annual report on the Law, Military/Veterans Law, in the Library program wherein legislative activities of the State Product Liability Law, School & young lawyers will offer pro bono Bar of Georgia for 2014. College Law and Taxation Law. legal services at local libraries on n The board received reports of Saturdays. She will continue the the activities of the Blue Ridge Annual Awards YLD’s strong emphasis on the Circuit Bar Association from During the plenary session, High School Mock Trial Program. Eric Ballinger, the Tifton Bar outgoing President Charles L. She is creating a task force, led by Association from Hon. Render Ruffin recognized specific Bar Josh Bosin and Brantley Rowlen, M. Heard and the Columbus members and organizations for to help close the gap between Bar Association from Donna the work they have done over the people who need legal services S. Hix. past year.

22 Georgia Bar Journal Chief Justice Thomas O. Marshall Professionalism Award The 13th annual Chief Justice Thomas O. Marshall Professionalism Award, sponsored by the Bench and Bar Committee of the State Bar of Georgia and selected by all living past Bar presidents, honors one lawyer and one judge who have and continue to demon- strate the highest professional conduct and paramount reputation for professionalism. This year’s recipients were Hon. Carol W. Hunstein, justice, Supreme Court of Georgia, Atlanta, and John A. Dickerson, (Left to right) Recipients of the 2014 Commitment to Equality Awards Suzanne Wynn McClure Ramsay Dickerson & Ockleberry and Marian Cover Dockery with the recipient of the Randolph Thrower Lifetime Escoe LLP, Toccoa. Achievement Award, Judge Thelma Wyatt Cummings Moore. 2014 Commitment to Equality Awards The Commitment to Equality Awards, presented by the Committee to Promote Inclusion in the Profession, recognize the efforts of lawyers and legal employers who are committed to providing opportunities that foster a more diverse legal profession for members of underrepresented groups in the state of Georgia. These awards are presented to lawyers who not only personally excel in their own practice, but who have demonstrated a commitment to promoting diversity in the legal profession. The Randolph The plenary session opened with a commemoration of the 70th anniversary of D-Day, including Thrower Lifetime Achievement remarks from ret. U.S. Senior Circuit Judge James C. Hill, U.S. Court of Appeals for the 11th Award recognizes an outstanding Circuit, who recalled his experience at that time. individual who has dedicated his or her career to these causes. The recipient of the Randolph Thrower Lifetime Achievement Award was Ret. Judge Thelma Wyatt Cummings Moore, Moore Law, LLC, Atlanta. The recipients of the Commitment to Equality Awards were Marian Cover Dockery, Marian Dockery & Associates LLC, Atlanta and Suzanne Wynn Ockleberry, AT&T, Atlanta. Georgia Association of Criminal Defense Lawyers Awards The Georgia Association of Criminal Defense Lawyers 2014-15 President Patrise M. Perkins-Hooker receives a standing ovation prior to her inaugural (GACDL) announced that the 2014 remarks as the first African-American president of the State Bar of Georgia.

August 2014 23 G. Terry Jackson Friend of the n 51 to 100 members: Walton dedication and service to their Constitution Award was presented County Bar Association areas of practice, and for devoting to Dwight L. Thomas. n 101 to 250 members: Glynn endless hours of volunteer effort The 2013 GACDL Indigent County Bar Association to the profession. Defense Award was presented to n 251 to 500 members: Gwinnett Lynne Y. Borsuk of Atlanta. County Bar Association n Section of the Year The 2013 GACDL President’s n 501 members or more: Cobb Intellectual Property Law— Awards were presented by County Bar Association Tina W. McKeon, chair President Marcia Shein to Amanda n Awards of Achievement Clark-Palmer, Jennifer Koehler The Best New Entry Award is Child Protection & Advocacy— Mackall, Linda Sheffield, Jason presented to recognize the excel- Nicki Vaughan, chair; Family Sheffield, Colette Resnik Steel lent efforts of those local and vol- Law—Jonathan Tuggle, chair; and Aimee Maxwell. untary bar associations that have Military/Veterans Law Section The 2013 GACDL Strike Force entered the Award of Merit or Law —Drew Early, chair Soldier Awards were presented to Day Award competitions for the Dorian Murray, Brian Steel and first time in four years. This year’s Tradition of Excellence Awards Fran Winn. recipient was the Georgia Trial The Tradition of Excellence Lawyers Association. Awards are presented each Local and Voluntary Bar The Best Newsletter Award is year to selected Bar members Activities Awards presented to local and voluntary in recognition of their com- The Thomas R. Burnside Jr. bars that provide the best informa- mitment to service to the Excellence in Bar Leadership tional source to their membership, public, the Bar activities and Award, presented annually, hon- according to their size. to civic organizations. The 2014 ors an individual for a lifetime recipients were: Judson Graves, of commitment to the legal pro- n 251 to 500 members: DeKalb Atlanta (defense); Joe A. fession and the justice system in Bar Association Weeks, Avondale Estates (gen- Georgia through dedicated service n 501 members or more: Georgia eral practice); Hon. John D. to a voluntary bar, practice bar, Defense Lawyers Association Allen, Columbus (judicial) specialty bar or area of practice sec- and C. Neal Pope, Columbus tion. This year’s recipient was Hon. The Best Website Award is (plaintiff). Barbara A. Harris, nominated by given to local and voluntary bar the Georgia Association of Black associations with websites that Young Lawyers Division Women Attorneys. exemplify excellence in useful- Awards The Award of Merit is given ness, ease of use, content and The Distinguished Judicial to local and voluntary bar asso- design in meeting the needs of Service Award was presented to ciations for their dedication to the website’s targeted audience. Hon. Julie Carnes. improving relations among local The bar associations are judged in The Ross Adams Award was lawyers and devoting endless size categories. presented to Bill Barwick. hours to serving their commu- Award of Achievement for nities. The bar associations are n 51 to 100 members: Houston Service to the Bar: John Jett and judged according to size. County Bar Association Brandon Smith n 101 to 250 members: Blue Ridge Award of Achievement for n 101 to 250 members: Blue Ridge Bar Association Service to the Public: Brandon Bar Association n 251 to 500 members: DeKalb Elijah, Jessica Nix, Jonathan n 251 to 500 members: Macon Bar Bar Association Poole, Lisa Robinson and Association n 501 members or more: Cobb Katie Willett. n 501 members or more: Georgia County Bar Association Award of Achievement for Association of Black Women Service to the Profession: Jessica Attorneys The President’s Cup Award is Sabbath and Meredith Sutton. presented annually to local and vol- Award of Achievement for The Law Day Award of untary bar association with the best Service to the YLD: Khurram Baig, Achievement is presented to local overall program. This year’s recipi- Jennifer Blackburn, Ivy Cadle, and voluntary bar associations that ent was the Georgia Association of Alex Susor and Meredith Sutton. best plan Law Day activities in Black Women Attorneys. YLD Ethics & Professionalism their respective communities to Award was presented to Tiffany commemorate this occasion. The Section Awards Mallory. bar associations are judged in Section Awards are presented Outstanding YLD Affiliate: size categories. to outstanding sections for their Glynn County YLD.

24 Georgia Bar Journal Patrise M. Perkins-Hooker is sworn in as the 52nd president of the State Bar of Georgia by Supreme Court of Georgia Justice Robert Benham while her husband Douglas Hooker stands with her and holds the bible. Perkins-Hooker is the first African-American and only the third woman to hold this office. Passing of the Gavel hand on the Bible and repeated Thank You Saturday evening began with a the following: reception honoring the justices of I, Patrise M. Perkins-Hooker, do Annual Meeting the Supreme Court of Georgia, fol- solemnly swear that I will execute Sponsors lowed by the business portion of the office of president of the State Corporate Sponsors the evening. Prior to the swear- Bar of Georgia, and perform all the ing-in ceremony, 2013-14 President duties incumbent upon me, faithfully, 5 Gavel Charles L. Ruffin presented two to the best of my ability and under- Member Benefits, Inc. important awards. The Employee standing, and agreeable to the policies, ProAssurance LawyerCare of the Year Award was presented to bylaws and rules and regulations of 3 Gavel Sarah I. Coole, director of commu- the State Bar of Georgia and the laws Daily Report nications, for her dedication, service and Constitution of the United States. 2 Gavel and support of the State Bar. So help me God. AXA Members Ruffin also presented the The evening concluded with din- Retirement Program Distinguished Service Award, the ner, drinks and dancing throughout 1Gavel highest accolade bestowed on an the Conference Center, featuring the Thomson Reuters individual lawyer by the State martini bar, scotch and cigar bar and Bar of Georgia, to Hon. George the extremely popular dance club Sections/Other H. Carley (see page 40). Carley headlined by Atlanta’s Party Nation Organizations was honored for his “conspicuous for a second year. Silver Level service to the cause of jurispru- Polsinelli PC dence and to the advancement of Jennifer R. Mason is Copper Level the legal profession in the state the assistant director Tort & Insurance Practice of Georgia.” of communications for Other Following the awards presenta- the State Bar of Animal Law tion, Justice Robert Benham swore Georgia and can be Creditors’ Rights in Patrise M. Perkins-Hooker as reached at jenniferm@ General Practice & Trial Law the 52nd president of the State Judicial Bar. Perkins-Hooker placed her left gabar.org.

August 2014 25 GBJ Feature

Final Remarks to the Board of Governors by Charles L. Ruffin

The bylaws of the State Bar of Georgia specify the duties of the president. One of the responsibilities is to “deliver a report at the Annual Meeting of the members of the activities of the State Bar during his or her term in office and furnish a copy of the report to the Supreme Court of Georgia.” Following is the report from 2013-14 President Charles L. Ruffin on his year, delivered June 6, at the State Bar’s Annual Meeting.

ood morning. As I have the opportunity

to preside over a meeting of the Board G of Governors one final time, I wish to once again express my appreciation for the privilege of serving as the 51st president of the State Bar of Georgia.

In fact, that will be the sole focus of my remarks this morning. To those who have worked so hard to make this past year a successful time of historical obser- vance—as we have celebrated not only the 50th anniversary of the State Bar of Georgia, but the 225th anniversary of the ratification of the U.S. Constitution—to all who participated this year, I simply want to say “thank you.” The fact of the matter is, the State Bar of Georgia is a huge team made up of many leaders who Photo by Sarah I. Coole in their own geographic area and areas of practice 2013-14 President Charles L. Ruffin addresses the Board of Governors contribute greatly to an orderly system of justice that and others in attendance during the Annual Meeting. is of incalculable benefit to our society. In January, during the Midyear Meeting of the 50th Anniversary Celebration State Bar in Atlanta, we enjoyed a wonderful cel- First, I want to thank my wife Sally for driving me ebration of the 50th anniversary of the unified Bar. all over Georgia and being willing to spend 24/7 with More than 400 Bar members and guests attended the me to the point she could give my standard remarks by Gala, at which we announced the presentation of the heart. I also want to thank the attorneys and staff with Founders Award to former Gov. Carl Sanders, whose whom I am privileged to work with for carrying on leadership and support resulted in the passage of our practice so I could serve in this capacity: they are legislation in 1963 to create the State Bar, culminating Ivy Cadle, Hope Martin, Chase Ruffin, Shanique Harris a 40-year unification effort by leaders of the Georgia and Twila Brown. Bar Association. I say thank you to Gov. Sanders for

26 Georgia Bar Journal his beneficial work that has borne such fruit over the last 50 years. At this time, I would like to thank Director of Meetings Michelle Garner and her Administrative Assistant Gakii Kingoriah for putting together such a wonderful event and Sarah Coole and her staff for capturing it so well in the Bar Journal and for creating the Sanders video. We also thank Gov. Nathan Deal for his keynote address, as well as Chief Justice Hugh Thompson, Chief Judge Herbert Phipps and U.S. Circuit Court Judge Beverly Martin, who provided their reflections on the relationship between the State Bar and the judiciary over the past 50 years. And thank you to everyone who attended and made the event such a success. Also during the Midyear Meeting, we unveiled From Banished to Unified, our coffee-table sized historical account of the history of the legal profession in Georgia, from the early days when Gen. James Oglethorpe banned lawyers from the colony through the modern era of the unified State Bar. I want to thank Director of Communications Sarah Coole, Linton Johnson, Jennifer Mason and the communications team for their efforts to produce this book and have it ready in time for the 50th Anniversary Gala. I hope we can all agree that they produced a remarkable account of our history. Constitutional Symposium In March, we celebrated the 225th anniversary of the ratification of the U.S. Constitution by hosting a national symposium on the Constitution—bringing to Atlanta U.S. Supreme Court Justice Antonin Scalia and other great legal minds from across the nation, along with renowned historian and author David McCullough, for a fascinating discussion of the Constitution’s role in shaping our society. The three-day symposium was a complete “sell- out,” with 500+ registered participants in attendance. I want to thank the distinguished roster of more than 40 speakers, which included civil rights leader Dr. C.T. Vivian and former U.S. Solicitors General Paul Clement and Seth Waxman. Our hopes for this program to be a meaningful step toward fulfilling our duty to continue learning about and teaching others about the law and the fundamental principles on which it is based were definitely realized. I also want to thank my symposium co-chairs— Justice David Nahmias of the Supreme Court of Georgia and Prof. David Oedel of the Walter F. George School of Law at Mercer University. Their extraordinary efforts were critical to the success of this national celebration as was the work of each chair for each segment of the program. I also want to thank Steve Harper and the staff of ICLE for their help in producing this program and for producing portions of the program for further CLE and civics education at the citizen, college, high school and middle school levels. If you want segments for local CLE or for local civic clubs or schools, please

August 2014 27 FROMBanished TOUnified

A History of the Legal Profession in Georgia

Written By Linton S. Johnson II | Foreword & Edited By Charles L. Ruffin | Designed By Sarah I. Coole

On the Occasion of the 50th Anniversary of the Establishment of the State Bar of Georgia

This 252-page leather-bound coffee table book helps celebrate the unified State Bar’s 50th anniversary by following the growth of Georgia lawyers and courts from their humble beginning up to the modern justice system that serves the people today. The cost of the book is $65, which includes tax and shipping. To order, visit www.gabar.org or contact Stephanie Wilson at 404-527-8792 or [email protected]. call Steve at ICLE and he will be of Justices Thompson, Hunstein the VA. Through a series of CLE glad to help. and Nahmias, and all members of programs coordinated in part by Also, we express apprecia- the Supreme Court. our MLAP, Georgia now has 620 tion to Gov. Deal and First Lady VA-accredited lawyers. Sandra Deal for graciously hosting Military Legal Assistance The program has also been a reception for Justice Scalia at the Next, I want to report on our actively engaged with other legal Governor’s Mansion as part of this Bar’s Military Legal Assistance assistance programs, one coordi- event. And again, thank you to all Program or MLAP. Thanks first nated by Cary King in creating who attended and participated in to Jay Elmore, who traveled to the memoranda of understanding and the symposium. Middle East in 2007 on a Defense recruiting volunteer lawyers for the Department fact-finding mission VA Medical Centers in Decatur and Civil Legal Services and visited with our troops. He in Augusta, and also for separate Task Force returned and talked to his partner, VA clinics at Fort McPherson and Jeff Bramlett, who was about to at Carrollton. In collaboration with Also this year, we appointed a become Bar president. Because of our Military/Veterans Law Section, Civil Legal Services Task Force to their vision, and Norman Zoller’s and with Prof. Charles Shanor and address the issues that have arisen perseverance, our state has estab- Lane Dennard of King & Spalding, from decreased funding for civil lished the nation’s model program our MLAP also helped establish legal services. for military legal assistance. about a year ago a law school stu- Under the leadership of So what has MLAP done? Under dent clinic for veterans at Emory Co-Chairs Randy Evans and Rita leadership of the Bar’s MLAP com- Law School. That program has Sheffey, the task force drafted pro- mittee, previously chaired by Lynn achieved remarkable results that posed revisions to Bar Rule 1.15 Adam and Eric Ballinger, and now were reported in the February 2014 and New Part XV, strengthening Eric himself—we have maintained a issue of the Georgia Bar Journal. the requirements for IOLTA in an roster of more than 800 lawyers who I cannot tell you how proud effort to increase available fund- have volunteered to provide legal I am that this Bar created a pro- ing for civil legal services for low- help to our service members and gram like our MLAP. In fact, staff income Georgians. veterans. Many of those lawyers are at the American Bar Association in The task force also proposed in this room, and I give you my per- Chicago consider this to be one of the to the Council of Superior Court sonal thanks for your service. pre-eminent programs nationwide. Judges a modification to the pro Since our legal assistance pro- hac vice rules to incorporate a $75 gram began in late 2009, we have Legislative Program per matter application fee, which now connected more than 1,200 On March 20, the Georgia would go to the General Counsel’s service members or veterans with General Assembly completed its office for administration and a $200 a lawyer. Also, several hundred 2014 legislative session. This was annual renewal fee, which would cases have involved requests for one of the most fast-paced sessions go to the Georgia Bar Foundation. assistance with VA benefit award in history because of the earlier The task force also initiated talks matters resulting from service- election cycle this year. with the Supreme Court and Court connected illnesses or injuries. The State Bar worked with Gov. of Appeals about implementing a Of interest, when the MLAP Deal and the General Assembly in fee under the pro hac vice rules for first began there were 160 law- support of what the Governor calls all courts of record in the state. yers accredited to practice before the “third leg” of criminal justice We are confident such fees will be imposed on out-of-state attorneys at each court level to generate substantial funds for legal services. The task force also explored using excess county law library funds and encouraging trial judges statewide to consider legal services when disbursing cy pres awards, as well as proposing expense-side considerations for legal services. We appreciate all of the hard work on the part of Randy, Rita and the entire task force on this important effort and also appreciate the support and encouragement

August 2014 29 each of them by name for their support of the Bar’s legislative efforts (see list on page 33). I thank all of you who have participated in our legislative grass- roots outreach program in which meetings were held all over the state where lawyer constituents engaged with their legislators. Headed by Zach Johnson and Lester Tate, this effort has grown substantially and works to ensure that your representatives and senators hear from you on a regular basis regarding the issues affecting the legal profession and justice system. I urge you to keep up the good work because I can tell you it works! Last, and this is not a political statement but is just fact, I want to emphasize that Gov. Deal, and his staff, supported every effort of the State Bar this year at the Capitol and elsewhere. Gov. Deal helped In his outgoing remarks to the Board of Governors, 2013-14 President Charles L. Ruffin said, the State Bar on everything he was “I want to thank my wife Sally for driving me all over Georgia and being willing to spend 24/7 with me to the point she could give my standard remarks by heart.” asked to do, and the fact is we could not have had a better friend reform—the re-entry of released The effectiveness of a legislative this year than Gov. Nathan Deal. offenders as productive and law- program was a prime motivating abiding members of society. To factor in the creation of the uni- Discipline this end, the House and Senate fied bar. The addition of Thomas When the Bar was established, overwhelmingly approved Senate Worthy, who came over from the self-discipline was a primary moti- Bill 365, to enact offender re-entry governor’s staff and serves as vating force behind unification of reforms as recommended by the our full-time in-house director of the Bar. I want to thank the chair Georgia Council on Criminal Justice governmental affairs, has greatly of the Investigative Panel, Maria Reform chaired by Judge Mike enhanced the efforts of our out- Waters, and the Investigative Panel, Boggs. I want to thank Judge Boggs standing Advisory Committee on and the chair of the Review Panel, and co-chair Thomas Worthy for Legislation, chaired by Dan Snipes, Tony Askew, and the Review Panel, their tireless work on this legislation. and one of the strongest lobbying and the disciplinary staff of the We are also very pleased that the teams at the State Capitol, com- General Counsel’s office for all their annual state budget approved for posed this past year of Rusty Sewell, important, time consuming work fiscal year 2015 includes an increase Jim Collins, Meredith Weaver, Roy on discipline. It is often unrequited, of $386,000 dollars in funding for Robinson and Zach Johnson. I want but I want everyone involved in legal representation of domestic to say thank you to Thomas and that process to know how much we violence victims. The Appellate all of our legislative team for their appreciate your hard work. Resource Center was also funded in efforts this year. the new budget at the Bar’s request. We are also grateful to our fellow Executive Director It is also good to report that Georgia lawyers who serve in the The successes of the events and legislation to establish veterans’ General Assembly—29 in the House programs I have talked about so courts in Georgia was approved of Representatives and 12 in the far—along with other ongoing Bar and signed into law, while a pro- Senate. Their experience and exper- initiatives too numerous to mention posal that would have provided tise in the law has a positive impact this morning—are all the result of civil immunity to providers of legal on the legislative process, and we all months of planning and prepara- self-help documents and services appreciate the personal and profes- tion by multiple people on multiple failed to pass after a hard won sional sacrifices these lawyer-legis- levels working as a team, that 45,000 battle on the floor in which our lators make in order to run for office member team I mentioned earlier. Governmental Affairs operation and spend a major part of each year There simply is no room for “I” in was intimately involved. at the Capitol. I would like to thank the word teamwork.

30 Georgia Bar Journal But as any of my predecessors will tell you, we must also be ready 2013-14 Georgia Lawyer-Legislators to deal with the unexpected. Rest assured that I, personally, did not House of Representatives Rep. Pam Stephenson anticipate having to complete the Rep. Stacey Abrams, House Rep. Brian Strickland second half of this Bar year without Minority Leader Rep. Andy Welch Cliff Brashier whispering in my ear Rep. Stephen Allison Rep. Tom Weldon, chairman, about what a good idea something Rep. Alex Atwood Juvenile Justice that had been proposed was or indi- Rep. Johnnie Caldwell Rep. Wendell Willard, chairman, rectly in Cliff’s inimitable way indi- Rep. Christian Coomer Judiciary Rep. Chuck Efstration Bill Reilly, Clerk cating how dumb it was, or that I Rep. Stacey Evans wouldn’t get to listen to Cliff’s jokes Rep. Barry Fleming Senate all year. That was something I really Rep. Rich Golick, chairman, Sen. Charlie Bethel looked forward to. Judiciary Non-Civil Sen. Jason Carter We all lost a close friend and Rep. Dusty Hightower Sen. Bill Cowsert, chairman, mentor in Cliff, who helped create Rep. Scott Holcomb Higher Education a wonderful working environment Rep. Mike Jacobs, chairman, Sen. John Crosby, chairman, for Bar leaders, members and staff. MARTOC Banking and Financial By greater measure than most peo- Rep. LaDawn Jones Institutions ple know, Cliff Brashier led the Bar Rep. Trey Kelley Sen. Judson Hill, chairman, Finance with his advice and counsel and Rep. Dar’shun Kendrick Sen. William Ligon, chairman, in so doing elevated its role as an Rep. Edward Lindsey State and Local Governmental effective organization representing Rep. Ronnie Mabra Operations the best interests of the justice sys- Rep. Larry O’Neal, Sen. Josh McKoon, chairman, tem and the legal profession. House Majority Leader Judiciary In fact, we have been able to Rep. Mary Margaret Oliver Sen. Ronald Ramsey, chairman, successfully complete this year Rep. BJ Pak Urban Affairs only because of the dedication and Rep. Jay Powell, chairman, Sen. Jesse Stone, chairman, perseverance of the 88 members of Appropriations Subcommittee Judiciary Non-Civil on Public Safety Sen. Curt Thompson, chairman, this amazing Bar staff, who worked Rep. Regina Quick Special Judiciary under and learned from Cliff and Speaker David Ralston Sen. Lindsey Tippins, chairman, were therefore able to carry on the Rep. Matt Ramsey, Education and Youth State Bar’s legacy of service. As I House Majority Whip asked them all in a staff meeting following his death, just keep calm and carry on. They did so with Jeff brings a combination of lead- Thank you again for this tremen- incredible finesse. I especially want ership experience and work experi- dous privilege. But I thank you espe- to thank Chief Operating Officer ence across our state that makes him cially for your active service to the Sharon Bryant, Chief Financial eminently qualified to assume the profession and for all that you do Officer Steve Laine and General position of executive director and to serve your community, our state, Counsel Paula Frederick and admin- provide superb advice and counsel our justice system and our fellow istrative staff Dee Dee Worley and to the Bar for many years to come. man. So what is the play now? I leave Pauline Childress for their support you with one of my favorite quotes: and leadership during this time. Closing Micah 6:8—O man, what is good; and While we will never be able to As I conclude these remarks and what doth the Lord require of thee, replace Cliff Brashier, the 34 differ- close the book on the State Bar year but to do justly, and to love mercy, ent people on the Search Committee, for 2013-14, I want to thank each of and to walk humbly with thy God? Executive Committee, Bar staff you for your hard work as leaders Sounds like a good plan to me. and our search firm Heidrick & of the State Bar of Georgia. May God bless you all. Struggles worked diligently for While this Bar year ends today, approximately four months to find another one effectively starts Charles L. Ruffin is the right person to succeed Cliff as tomorrow with the swearing-in of the immediate past our executive director. I hope and Patrise M. Perkins-Hooker as the president of the State trust that you will all agree that the 52nd president of the State Bar of Bar of Georgia and candidate found by the search com- Georgia. My final request to you can be reached at mittee and selected by the execu- is that you support Patrise in her cruffin@ tive committee and by you—Jeff efforts that benefit the Bar and work bakerdonelson.com. Davis—is that person. toward the goal of justice for all.

August 2014 31 GBJ Feature

Remarks to the Board of Governors State Bar of Georgia Annual Meeting—June 7, 2014

by Patrise M. Perkins-Hooker

The following is excerpted from Patrise M. Perkins-Hooker’s remarks during the 2014 Annual Meeting on Amelia Island.

ood morning my fellow officers, mem-

bers of the Executive Committee, mem- G bers of the Board of Governors, justices, judges, Georgia lawyers, staff, guests, friends and family. I am honored to have the opportunity this morning to share with you my program initiatives as I take the helm of the State Bar of Georgia. As I begin my remarks, I hope and am expecting that each of you will be listening for how you can become more involved, and how you can volunteer your time, talent, treasure and energy as we roll out our programs.

This year our Immediate Past President Charles “Buck” Ruffin focused on the celebration of major mile- stones in history, including commemorating the 225th Anniversary of the ratification of the Constitution of the United States of America, and celebrating the 50th anniversary of the unified Bar in Georgia. My installa- tion as the 52nd president of the State Bar of Georgia Photo by Sarah I. Coole continues the focus on historical moments. As I take 2014-15 President Patrise M. Perkins-Hooker addresses the Board office, I will become the first person of color and of Governors and others in attendance during the Annual Meeting.

32 Georgia Bar Journal the first African-American to have legal system without a lawyer. Often that are helping meet the needs the honor to serve as president of they walk away from the experience of indigent citizens and encour- our professional institution. I am with a negative attitude toward the age others to do so as well. Our proud that my peers believe that legal profession as a whole and a State Bar was formed 50 years I am deserving of the privilege lack of confidence in our system of ago and our first purpose was and capable of serving you and justice. As lawyers, we must strive to take care of and protect the the citizens of Georgia who count to reduce any sources of negative public. There is no reason for us on our Bar to protect them. But public perception, and the harm to come to a Board of Governors my remarks this morning are less to the public that our profession meeting without everyone in this about me and who I am, and more was created to prevent, by ensur- room having given something about what I want us to do togeth- ing that all citizens regardless of to Georgia Legal Services and er this year as a State Bar. economic status or where they live displaying our ribbons indicat- I do not take the responsibility have access to a lawyer. We can ing our donor status with pride. of being your president lightly. do better. We as leaders of the Bar By giving something, you as a In fact, for several months now I need to fully support Georgia Legal leader have committed to pro- have been hard at work develop- Services, Atlanta Legal Aid and tect other people’s ability to have ing my plans for the 2014-15 Bar other legal service agencies who are access to justice. It starts with us, year with a team of dedicated law- out there trying to fill the needs of not the Legislature. We have the yers and friends who have helped the underserved. What have you privilege; we have the monopoly me shape my programs for next done to support these existing pro- and the responsibility. year and who have committed to grams? Did you realize that it was n Encourage you as leaders, to assist me with the implementation your responsibility? lead by example, in the provi- of the same. Team members, you In addition to making a finan- sion of hours of pro bono legal know who you are, I thank you for cial contribution and agreeing to services personally and through all of the time and energy that you take on pro bono cases for these your firms. have provided toward this effort. agencies, there are several options n Implement a plan to ensure Luke 12:48 says, “From everyone that we as a group can initiate to that there is a lawyer in every who has been given much, much address the problem of civil legal county in Georgia through a will be demanded, and from the services for indigent and margin- program similar to the place- one who has been entrusted with ally employed Georgians. There ment of doctors in underserved much, much more will be asked.” are a lot more people in our state areas. There are six counties The practice of law is not a right. who are working, but they can- in Georgia without a lawyer. It is a privilege in our state which not afford a lawyer because the Shame on us! Can you imagine is granted to you once you pass jobs that they are employed in are what life is like for poor people the Bar exam and pay your dues. marginal or minimum wage jobs in those counties who do not Along with this privilege, comes a and they have large families. They have access to a lawyer? They moral obligation to ensure that all simply do not have enough money do not have the resources to the citizens of this great state have to pay for the services of a lawyer. have a car or public transporta- reasonable access to legal services. This increases the stress on the tion so that they can leave their Those of us honored with the privi- legal system because they are back- county to get a lawyer, and they lege have a duty and a responsibil- logging the court system. These do not have access to a legal ity to make sure that everyone has underserved citizens are also com- services office in their county. access to a lawyer when coming into plaining to their legislators about Shame on us for allowing this court. No one should lack access to the problems that they perceive number to be reported over and valuable legal services during the with the lack of fairness in our over again without one county time that they are most vulnerable. legal system because they did not being deleted from the list. This Could you imagine someone in your have a lawyer. We have an Access year we are going to do some- family needing to get out of a violent to Justice Committee and a Civil thing about it. We are going to relationship, needing to probate a Legal Services Task Force working place lawyers in every county. will, needing to obtain a guardian- in this area and developing solu- Lawyers agreeing to such a ship for an older family member, tions to this problem. This year, I placement would receive some needing a divorce or needing to plan to do the following: level of relief from the debt collect child support to meet the day incurred in their study of law at to day needs of a child, without any- n Encourage you as leaders of the our state law schools. Lawyers one to turn to for the legal assistance profession in the areas where you so placed would be supported required to meet their need? practice and the judicial circuit by the local economic devel- Many citizens experience great that you represent, to donate and opment authority, if there is difficulty just trying to navigate the raise funds for the organizations one, in addition to a network of

August 2014 33 senior lawyers who are moving country address the void created will consider volunteering to assist into retirement, but still want to by the elimination of civics instruc- with a classroom, if we are working utilize their skills and experi- tion in high schools. I believe this in a school system in your area. We ence to assist with legal mat- is a very important investment in will build a stronger citizenry and ters. In this way, young lawyers our future. It is in high school that we will be a stronger Bar as a result would have the opportunity to we learn about civic responsibil- of our outreach. discuss matters with more sea- ity, the roles and duties of each of Finally, I hope you will join me in soned lawyers throughout the the three branches of government, working to increase the awareness state using computer technolo- our rights under the constitution, of and relevance of the State Bar to gy. I am not going to stand here how a bill is passed in the legisla- all of our members. Some of you next year to report that we have ture, etc.—all important issues in may remember that we conducted six counties in Georgia without shaping responsible citizens and a survey in January to help collect lawyers. I have also spoken to beginning to plant the seeds in information from our members on Chief Justice Thompson about some young people to become a wide variety of topics. It would this initiative and he agrees that responsible lawyers. be an understatement to say that I the lack of access to legal rep- This will be a pilot program to be was surprised by some of the rev- resentation by indigent citizens undertaken in five school systems elations the survey showed regard- is a critical problem. The Court this year. Hopefully, the program ing 1) members’ lack of knowledge is interested in working with gains momentum and more school about what our State Bar does, us on this issue because it is systems will sign on. I am pleased and 2) why it is relevant to them. I the right thing to do and in to say that the YLD is working have traveled throughout the state the absence of state funding, it in collaboration with us on this visiting various bar associations is our responsibility to make program. Our plan is to place a and I can personally confirm the sure that everyone has access to resource lawyer in every middle observations from the survey. Our justice as a part of the privilege school or high school classroom members do not know what their given to us to practice law. where the teacher is using the iCiv- Bar does and they are not aware of n Encourage adoption of the appli- ics course curriculum. The resource the amount of the dues that they cable recommendations of the lawyers will serve as a support pay each year. We can do better. Civil Legal Services Task Force to the teacher, and reinforce the We can do so much better. by the Board of Governors. concepts presented through the I hope to reverse this dynamic by n Continue to work with the computer-based iCivics curricu- reaching out to members of the Bar Supreme Court to make sure lum. The resource lawyer will be to communicate with them more that our suggested courses of expected to visit the classes at least effectively about the operations of action are acceptable and that twice a month to help add real our State Bar, services offered by the the court feels that we are tak- world examples by sharing rel- Bar and how they can get engaged ing an aggressive position to evant cases, joining field trips and in its programs and committees. I address this critical issue. facilitating classroom dialogue to have already started this work as I reinforce the subject matter being made my committee appointments. We are all very intelligent and taught by the teacher. As I considered appointments, I creative people, and I am so opti- The iCivics program was intro- intentionally worked to diversify mistic about our ability to solve duced to me by Judge Dorothy the membership of these commit- this problem this year. Beasley, but Justice Carol Hunstein tees geographically, racially, ethni- In addition to working on ways is the state chair for the iCivics pro- cally, by gender and sexual orienta- to improve access to justice by gram in Georgia and Evelyn Davis tion. I reached out to lawyers who indigent and marginally employed and Ashley Herd are the two attor- have not been as engaged in the citizens in Georgia, I also plan neys who have served as co-coordi- State Bar. It is our Bar and every- to reach out to young people to nators of this program for our state. one I have asked agreed to serve. I enhance their education on the With your help, we can get this have also changed the leadership of importance of their rights as citi- program rolled out to our schools numerous committees to foster new zens. Civics instruction in our using funds from Cornerstones of and fresh ideas. schools has been severely cut, and Freedom to pay for the teachers It is important that all of our in some cases eliminated. We can to be trained and costs of this pro- committees and sections not only do better. My plan is to use an gram. You will hear more about do their work, but promote the interactive computer-based civics this program throughout the year. work they are doing! Nobody but instruction program called iCiv- We will be starting off with train- us knows what we are doing. To ics. iCivics was created by Justice ing the social studies teachers in communicate my focus in this area, Sandra Day O’Connor to help social the Atlanta Public School System I have scheduled a meeting with studies teachers throughout the on July 29. I hope that each of you all of the committee chairs and sec-

34 Georgia Bar Journal tion leaders of the State Bar to be branch of government.” Our Bar has We also need to finish the reno- held on July 22. In that meeting, we a long and accomplished history of vations to the fifth floor of the State will discuss how, as the mandatory securing passage of our Bar spon- Bar Headquarters, so that all of the bar, we create a customer service sored bills (legislation recommend- building is lease-ready and park- mindset that helps us to be more ed by the Advisory Committee on ing obtained for future tenants of relevant to our members. Legislation and approved by this this space. In addition to these new efforts, Board). I will work with our leg- It is going to be a busy year. I plan to continue and build upon islative team and our director of I am convinced that if we work several programs created by Governmental Affairs to continue together we can build on an my predecessors. I plan to con- our rich legacy in this area. incredible foundation and legacy, tinue SOLACE and the Suicide I plan to work in an open and and that we can do even bet- Prevention programs. I will be add- cooperative spirit and manner with ter. I am committed to working ing these programs to our Lawyer my fellow officers and the mem- with all of you to make the State Assistance group so that all of the bers of the Executive Committee. I Bar of Georgia more responsive to assistance services that we offer to also want to work to strengthen the those in need of our services, more our members as a Bar, are housed administrative functions of the Bar engaged with our next generation under one umbrella and are easy as we transition in a new executive of citizens, and more beneficial to to find and access. We will need to director. I want to make sure that our members. I hope that you will hire someone to assist with commu- the State Bar communicates more support me in these efforts. I look nicating the existence of these pro- effectively with our satellite offices forward to our work together. Let grams to our members and coor- and that relationships with law- me know what you will do to dinating delivery of these services. yers across the state are enhanced. help! Thank you. I plan to continue to work with This likely will require significant our Supreme Court to address their improvements in our computer Patrise M. Perkins- needs, including salary increases and communications technology, Hooker is the for judges and full staffing of because we are way behind the president of the State the judiciary. eight ball on this issue. We have the Bar of Georgia and I plan to continue our legislative funds already in place to make these can be reached at program—and in a way that our adjustments and upgrades without [email protected]. Bar is not tagged as the “fourth any additional increase in our dues. You Try Cases – We Appeal Them Proliability LawyerS Program Protect State and Federal Criminal Appellate and Administered by Mercer what you’ve Post-Conviction Representation Consumer, a service of Mercer Health & Benefits worked hard Over thirty years combined experience in Administration LLC, with to build! Successful State and Federal: more than 40 years’ • Motions for New Trial experience in providing law firms with the protection • Appeals they need and deserve. • Habeas Corpus LEARN MORE TODAY! • Parole Petitions HigHligHts: • Responsible and Respectful Prior Acts Coverage Visit Ineffective Assistance of Counsel Claims www.proliability.com/ Broad definition of a claim lawyer ~ ~ ~ CALL When It’s Time for a Change, Contact Complimentary risk management resources (800) 365-7335, ext. 6444 Law Firm oF Shein & BrandenBurg AR Ins. Lic. #303439 | CA Ins. Lic. #0G39709 2392 N. Decatur Road, Decatur, Georgia 30033 In CA d/b/a Mercer Health Benefits 404-633-3797 Insurance Services LLC www.federalcriminallawcenter.com 65544 (8/14) Copyright 2014 Mercer LLC. All rights reserved.

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GBJ Feature

An Appreciation for History, A Commitment to the Future by Linton Johnson

atrise M. Perkins-Hooker is fully aware County Hospital Authority, who was the cousin of a friend of hers, and during her teenage years she attend- of the historical significance of her taking ed church with Isabel Gates Webster, one of Atlanta’s first women lawyers. She considered them role models office as the first African-American presi- and was inspired by their achievements and their ser- P vice to the community. dent of the State Bar of Georgia. Doing so in the same “I was surrounded by people who did phenomenal things,” she recalls. Yet there was still no “a-ha!” year that the nation observes the 60th anniversary of moment of adolescent awakening that steered her toward a legal career. Brown v. Board of Education and the 50th anniversary of After high school, Perkins-Hooker stayed in Atlanta to attend Georgia Tech, where she majored in industrial the Civil Rights Act, she says, makes the occasion even management. She had already decided to pursue an M.B.A. at Emory University when she was advised to more noteworthy. simultaneously pursue a law degree “in order to be of better service to minority businesses.” Absent those milestone events, Perkins-Hooker says, That suggestion came from a law student named “it is highly unlikely that I would be able to be a mem- Kevin Ross, who would become one of Atlanta’s lead- ber of the Georgia Bar.” ing political and public affairs consultants, as well Even so, Perkins-Hooker’s route to becoming an as a governmental law practitioner. Perkins-Hooker attorney did not proceed in a straight line. She was graduated from Emory Law School and also earned born in Atlanta, where she spent most of her child- her M.B.A. with a concentration in tax and accounting. hood, except for when her father (who played the After she was admitted to the State Bar in 1984, her national anthem on the piano to open her first Board first full-time job was not with a law firm but with the of Governors meeting during the Annual Meeting Deloitte, Haskins & Sells accounting firm, where she in June) was directing glee clubs and choruses in the worked as a certified public accountant. Two years music departments of Jackson (Miss.) State College and later, she entered the practice of law in a firm headed Southern University in Baton Rouge, La. by Marvin S. Arrington Sr., for whom she had worked There were no lawyers in her family, although dur- while attending law school. ing her youth she did meet Oliver Lee, a securities From Arrington, who had been one of Emory’s first attorney and an influential member of the DeKalb two full-time African-American law students and later Photo by Attaboy Photography

August 2014 37 Photo by Sarah I. Coole President Patrise M. Perkins-Hooker’s family after she was installed as the 52nd president of the State Bar of Georgia. (Back row, left to right) Douglas Hooker, Claire Walker, Darion Walker, Frances Walker, Anderson Walker, Shelby Griffith and Rev. David Hooker. (Middle row, left to right): Albert Perkins, Oreatha Ensley, Margaret Hooker, Denise Perkins-Griffith, President Patrise M. Perkins-Hooker, Odessa Hooker, Pearline Singletary, Beverly J. Walker, Andrea Ice and Moses Ensley. (Front row, left to right) Shelton Griffith, Joseph Griffith, Barbara Tucker, Thomas Perkins and Qui Perkins. became president of the Atlanta recalled of her time with Hollowell. Atlanta, when she negotiated fran- City Council and a Fulton County “He would call me ‘Attorney chise licensing agreements for $50 Superior Court judge, Perkins- Perkins-Hooker’ in the deepest million dollar level sponsorships; Hooker learned why it was impor- baritone known to man. He taught and being involved with revitaliza- tant to become a leader in the com- me the value of long-term, sustain- tion projects in the Reynoldstown, munity and in her profession, “as a able attorney/client relationships. Vine City, Historic District, way of giving back.” He lived to be 87 years old, and he Mechanicsville and other areas, She later joined the firm of had a number of clients for 50 to 55 which she says “have reshaped Hollowell, Foster & Gepp P.C., years. I’m glad I had the chance to the way that Atlanta looks and cre- where she became a partner and know him for several years before ated affordable housing options for had the opportunity to work and he passed.” numerous citizens.” interact with Donald L. Hollowell, At the Hollowell firm, Perkins- She has continued to work on who rose to prominence during Hooker was in charge of the com- reshaping her hometown as vice the civil rights movement when mercial real estate group. In this president and general counsel of he represented Charlayne Hunter capacity, she assisted businesses Atlanta BeltLine Inc., which she and Hamilton E. Holmes, the with the formation of their entities, joined in 2009. The Atlanta BeltLine African-American students whose with contract negotiations, with initiative is described as Atlanta’s federal lawsuit led to the deseg- resolution of construction disputes, most comprehensive transportation regation of the University of and with various aspects of com- and economic development effort— Georgia. Hollowell also defended mercial real estate developments, utilizing a historic 22-mile railroad Dr. Martin Luther King Jr. and acquisitions and land use matters. corridor circling the downtown other civil rights leaders in the Perkins-Hooker says her most area to connect neighborhoods and 1960s and served as a regional satisfying professional achieve- create a network of public parks, director of the Equal Employment ments include having worked multi-use trails and transit. Opportunity Commission in the on the consolidation of Atlanta “Working with the Atlanta Lyndon Johnson administration. University and Clark Atlanta BeltLine has been a wonderful “He was down the hall on University; serving as an attorney experience due to the transforma- the same floor,” Perkins-Hooker for the 1996 Olympic Games in tive nature of this project on the

38 Georgia Bar Journal 45 neighborhoods in Atlanta,” leadership responsi- Perkins-Hooker said. “I have bility . . . And now, been involved with some out- I am proud to stand standing endeavors, including before you as your acquisition of control of most of new Bar president.” our corridor and the property for While appreci- several key parks.” ating the historical Perkins-Hooker became involved magnitude of her in Bar leadership in 1996, when she term as State Bar was president of the Gate City Bar president, Perkins- Association and was appointed to Hooker is begin- the State Bar’s Finance Committee ning the year with by Linda A. Klein, who was serv- a commitment to ing as the first female president of the future of the the State Bar. Perkins-Hooker is the justice system. One third, following Robin Frazer Clark of her major ini- (2012-13) by two years. She recog- tiatives is reach- nizes Klein for seeing the need for ing out to young more diversity across the Bar’s pro- Georgians through grams, committees and activities an interactive, com- and taking action to recruit minor- puter-based civics ity lawyers for leadership positions. program known Photo by Sarah I. Coole President Patrise M. Perkins-Hooker and Supreme Court of Georgia “The very next year, Richard as iCivics, which Justice Carol Hunstein at the reception honoring President Perkins- Sinkfield decided not to seek re- is intended to help Hooker as the incoming president of the State Bar. election, and I was asked to run social studies teach- for his seat on the Board of ers address the void created by the founding chair of Neighborhood Governors,” Perkins-Hooker re- erosion of civics instruction in many Planning Unit-Q and immedi- called. Years later, she was disap- school systems. ate past chair of Hosea Feed the pointed by the unsuccessful candi- Her year will also be focused on Hungry’s Board of Directors. dacy of a female attorney for a seat improving civil legal services for Reflecting on her ascension to on the Executive Committee, and indigent and marginally employed the State Bar’s highest position of she made a speech to the Board Georgians; increasing awareness leadership, Perkins-Hooker says, expressing that disappointment. and relevance of the State Bar to “Personally, it is an outstanding Shortly thereafter, she received a greater number of members; honor. I am delighted that my fel- a handwritten note from 2009- streamlining the delivery of law- low lawyers feel that I am capable 10 State Bar President Bryan M. yer assistance programs, including and able to lead our State Bar. I Cavan, commending her for her SOLACE and suicide prevention; have worked hard and been com- remarks but also pointing out the and working with the judiciary to mitted to the Bar, so I am prepared “real problem,” which was the address state budget needs, includ- to assume this responsibility.” need for more women to run for ing salary increases for judges. (See “From a historical perspective,” the Executive Committee. details on page 32). she adds, “my election as the 52nd “He issued me a challenge, Away from the office, Perkins- president means that the leader- which I took as a dare, to run for Hooker can often be found among ship of the Bar has become diversi- the Executive Committee,” Perkins- her family (husband Douglas R. fied and more representative of the Hooker said during her inaugural Hooker and their two children and diversity in membership. We still address in June. “That note pro- eight grandchildren), extended have a long way to go before the pelled me not to sit on the sidelines family and friends. “I enjoy cook- leaders in the Bar fully reflect the complaining about the lack of par- ing. I fancy myself as a gourmet demographics of our membership, ticipation of women and people chef because I love to prepare and but my election is a start.” of color in elected Bar leadership eat cuisine from around the world,” positions. It propelled me to action. she said. “I also have a large family, Linton Johnson is a I got into the race for member- and I am known to be the cook for media consultant for ship on the Executive Committee most of our family gatherings.” the State Bar of in 2010 and I won. And the light She is also actively engaged in Georgia. He can be bulb went off. I had been prepared numerous community and church reached at linton. for this opportunity. I had ideas activities, including past service johnson@wordexpress. to share and a legacy to uphold. as parliamentarian of the Atlanta info or 404-285-2453. I began seeking higher levels of Planning and Advisory Board, the

August 2014 39 GBJ Feature

Former Chief Justice of the Supreme Court of Georgia Receives Distinguished Service Award

by Derrick W. Stanley

he Distinguished Service Award is the high-

est honor bestowed by the State Bar of T Georgia for conspicuous service to the cause of jurisprudence and to the advancement of the legal profession in the state of Georgia.

During the Presidential Inaugural Gala at the State Bar’s Annual Meeting on Amelia Island, Fla., Justice George H. Carley was presented with this prestigious award by 2013-14 President Charles L. Ruffin. Justice Carley has served the legal profession, the justice system and the state of Georgia with exemplary commitment, integrity and leadership since his admission to the State Bar of Georgia more than 50 years ago. He has provided exceptional service as a lawyer, judge and public servant. He was born in Jackson, Miss., and moved with his

family to Decatur at the age of 10. He studied at the Photos by Sarah I. Coole prestigious Woodstock School in Mussoorie, India, Justice George H. Carley addresses the audience after receiving returned to Georgia and graduated from Decatur High the 2014 Distinguished Service Award from 2013-14 State Bar of Georgia President Charles L. Ruffin. School, the University of Georgia and the University of Georgia School of Law. Decatur and served as special assistant attorney gen- Justice Carley served his country in the U.S. Army eral for Georgia, handling eminent domain cases for Reserves and his community and state in the Georgia the Department of Transportation. House of Representatives. Afterwards, he ascended Gov. George Busbee appointed Justice Carley to the to partner in charge of litigation with the law firm Court of Appeals of Georgia in 1979, where he served of McCurdy & Candler in Decatur. He also acted for 14 years, including terms as chief judge and presid- as attorney for the Housing Authority of the city of ing judge. In 1993, Gov. Zell Miller appointed Carley

40 Georgia Bar Journal (Left to right) 2013-14 State Bar President Charles L. Ruffin and Justice George H. Carley. to the Supreme Court of Georgia. Trial Competition. In 2003, he In addition to his commitment After 19 years of service, includ- earned the National High School and service to the legal communi- ing three years as presiding justice Mock Trial Championship’s ty, Justice Carley has served as the and two months as chief justice, he Golden Gavel Award. exalted ruler of the Decatur Elks retired in 2012. Justice Carley has faithfully Lodge and is actively involved in Justice Carley has been a great attended State Bar meetings, ren- the Masonic Lodge and Decatur friend to the legal profession in dering much-needed support to Rotary Club. Georgia through his active service each annually elected State Bar The legal community and the to the State Bar, the American president, providing special guid- citizens of Georgia owe a great Bar Association, the Lawyers Club ance to leaders and members of the deal of thanks to Justice George of Atlanta, the Old Warhorse Young Lawyers Division and con- H. Carley for his impeccable record Lawyers Club and the Joseph tributing countless hours as liaison of distinguished service to the pub- Henry Lumpkin Inn of Court, the to the Office of Bar Admissions. lic, the profession, the justice sys- latter two of which he served as He also has served the legal pro- tem and the state of Georgia. president. He has helped bring fession as a trustee of the Georgia The State Bar of Georgia does great young minds into the legal Legal History Foundation and express its gratitude and appre- profession through his service as the Georgia Judicial Council and ciation to Justice Carley for his a member and president of the previously served on the Georgia many years of devotion and signifi- University of Georgia Law School Commission on Dispute Resolution. cant career accomplishments while Alumni Association Council and In 2012, he was a deserv- working to fulfill the constitutional the Law School’s Board of Visitors. ing recipient of the State Bar of promise of justice for all. He also served as chairman of the Georgia Bench and Bar Com- Georgia Law-Related Education mittee’s Chief Justice Thomas O. Derrick W. Stanley is Consortium and as a member Marshall Professionalism Award the section liaison of of the Board of Directors of the in 2012; an award honoring a law- the State Bar of National High School Mock Trial yer and a judge who have dem- Georgia and can be Championship, along with his onstrated the highest professional reached at derricks@ long-standing involvement with conduct and paramount reputation gabar.org. the Georgia High School Mock for professionalism.

August 2014 41 GBJ Feature

Post-Disaster Law Practice: The ABA Model Court Rule

by Robert L. “Rob” Rhodes Jr.

n the aftermath of Hurricane Katrina, large num-

bers of Gulf Coast residents fled to a number of I neighboring states, including Georgia. A great many of these evacuees were indigent and in need

of pro bono legal services. The storm also resulted in

the displacement of lawyers whose offices were made

inaccessible for extended periods of time by wind dam-

age or flooding.

In 2007, the House of Delegates of the American Both categories of practice by out-of-state lawyers Bar Association adopted the Model Court Rule on would be subject to several limitations: Provision of Legal Services Following Determination of Major Disaster (Model Rule) (Appendix A). The Model n A state’s highest court must have made a deter- Rule would authorize lawyers who are not admitted to mination of the existence of a major disaster that practice in a state to provide legal services there under affects the judicial system either in that state or certain narrowly defined circumstances following a in another jurisdiction.1 With regard to pro bono major disaster. Major disasters could include not only services, that court will also determine whether the a natural phenomenon such as Katrina, but also the demand for such services from former residents of results of a terrorist act, pandemic or some other wide- the disaster area outstrips the availability of these spread emergency condition. services from local lawyers. n Any authorization to practice would be time limited. Pro Bono Services Pro bono representation authorization would cease The Model Rule would authorize lawyers who are when the court determines that the disaster is over not admitted in a particular state to provide pro bono except that lawyers would be allowed to complete services there under the supervision of a local legal aid the representation of existing clients. The autho- service provider or another nonprofit entity. rization to practice for displaced lawyers would terminate following a time certain (suggested to be Displaced Lawyers 60 days) following the court’s determination that the In addition, the Model Rule would allow out-of- disaster is over. state lawyers to continue their practice temporarily n Out-of-state lawyers seeking this limited authori- in offices located in another state. The matters that zation to practice would be required to verify that they undertake must arise out of and be reasonably they are authorized to practice law in another state related to the lawyer’s practice of law in her/his and are not subject to any disciplinary restriction. home state. They would be subject to the receiving state’s high-

42 Georgia Bar Journal est court’s disciplinary author- APPENDIX A ity and to that state’s rules of Model Court Rule on Provision of Legal Services Following professional conduct. Determination of Major Disaster (February 2007) Rule ___. Provision of Legal Services Following The passage of time since the Determination of Major Disaster Katrina disaster may dim the memo- (a) Determination of existence of major disaster. Solely for purposes of this Rule, this Court ries of those of us who were not shall determine when an emergency affecting the justice system, as a result of a natural or other directly in her path. One thing that major disaster, has occurred in: is predictable about disasters, how- (1) this jurisdiction and whether the emergency caused by the major disaster affects the entirety or only a part of this jurisdiction, or ever, is that they are unpredictable. (2) another jurisdiction but only after such a determination and its geographical scope We believe that the Supreme Court have been made by the highest court of that jurisdiction. The authority to engage in the of Georgia should consider adopting temporary practice of law in this jurisdiction pursuant to paragraph (c) shall extend only a court rule based on the Model Rule to lawyers who principally practice in the area of such other jurisdiction determined to so that our judicial system is pre- have suffered a major disaster causing an emergency affecting the justice system and the pared to respond to a future disaster provision of legal services. that we all hope never comes.2 (b) Temporary practice in this jurisdiction following major disaster. Following the determination of an emergency affecting the justice system in this jurisdiction pursuant to paragraph (a) of this Rule, or a determination that persons displaced by a major disaster in another jurisdiction Robert L. “Rob” and residing in this jurisdiction are in need of pro bono services and the assistance of lawyers Rhodes Jr. is the from outside of this jurisdiction is required to help provide such assistance, a lawyer authorized director of projects for to practice law in another United States jurisdiction, and not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction, may provide legal services in this juris- the Georgia Appleseed diction on a temporary basis. Such legal services must be provided on a pro bono basis without Center for Law & Justice compensation, expectation of compensation or other direct or indirect pecuniary gain to the with offices in Atlanta lawyer. Such legal services shall be assigned and supervised through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) and Columbus. Prior to joining specifically designated by this Court. Georgia Appleseed in 2009, Rhodes (c) Temporary practice in this jurisdiction following major disaster in another jurisdiction. practiced law for 32 years in the Following the determination of a major disaster in another United States jurisdiction, a lawyer Lakeland and Tallahassee, Fla., who is authorized to practice law and who principally practices in that affected jurisdiction, and who is not disbarred, suspended from practice or otherwise restricted from practice in Washington, D.C., and Atlanta any jurisdiction, may provide legal services in this jurisdiction on a temporary basis. Those legal offices of Holland & Knight LLP. He services must arise out of and be reasonably related to that lawyer’s practice of law in the juris- is admitted to the bar in Georgia, diction, or area of such other jurisdiction, where the major disaster occurred. Florida and the District of Columbia. (d) Duration of authority for temporary practice. The authority to practice law in this jurisdiction granted by paragraph (b) of this Rule shall end when this Court determines that the conditions caused by the major disaster in this jurisdiction have ended except that a lawyer then Endnotes representing clients in this jurisdiction pursuant to paragraph (b) is authorized to continue the 1. If the triggering event is in another provision of legal services for such time as is reasonably necessary to complete the representa- state, that state’s highest court tion, but the lawyer shall not thereafter accept new clients. The authority to practice law in this must have previously made a jurisdiction granted by paragraph (c) of this Rule shall end [60] days after this Court declares that determination that a major disaster the conditions caused by the major disaster in the affected jurisdiction have ended. has occurred. (e) Court appearances. The authority granted by this Rule does not include appearances in 2. At least seventeen states have now court except: adopted court rules based on the (1) pursuant to that court’s pro hac vice admission rule and, if such authority is granted, Model Rule: Arizona (AZ ST S CT any fees for such admission shall be waived; or RULE 39); Colorado (CO ST RCP (2) if this Court, in any determination made under paragraph (a), grants blanket permission Rule 224); Delaware (DE R S CT to appear in all or designated courts of this jurisdiction to lawyers providing legal services Rule 58); Illinois (IL ST S. Ct. Rule pursuant to paragraph (b). If such an authorization is included, any pro hac vice admission 718); Iowa (IA R 31.17); Louisiana fees shall be waived. (LA ST S CT Rule 41); Minnesota (52 (f) Disciplinary authority and registration requirement. Lawyers providing legal services in M.S.A., MN ST MAJOR DISASTER this jurisdiction pursuant to paragraphs (b) or (c) are subject to this Court’s disciplinary author- Major Disaster); Missouri (MO R ity and the Rules of Professional Conduct of this jurisdiction as provided in Rule 8.5 of the Rules BAR Rule 4-5.5); New Hampshire of Professional Conduct. Lawyers providing legal services in this jurisdiction under paragraphs (b) or (c) shall, within 30 days from the commencement of the provision of legal services, file a (NH R S CT Rule 60); New Jersey (NJ registration statement with the Clerk of this Court. The registration statement shall be in a form R GENAPPLICATION R. 1:21-10); prescribed by this Court. Any lawyer who provides legal services pursuant to this Rule shall not New York (NY R A CT §520.11(d)); be considered to be engaged in the unlawful practice of law in this jurisdiction North Dakota (ND R ADMIS Rule (g) Notification to clients. Lawyers authorized to practice law in another United States juris- 3.2); Oregon (Ore. S CT Rule 146); diction who provide legal services pursuant to this Rule shall inform clients in this jurisdiction South Carolina (Rule 426, SCACR); of the jurisdiction in which they are authorized to practice law, any limits of that authorization, Tennessee (TN R S CT Rule 47); and that they are not authorized to practice law in this jurisdiction except as permitted by this Washington (WA R ADMIS APR Rule. They shall not state or imply to any person that they are otherwise authorized to practice 27); and Wisconsin (WI ST REG law in this jurisdiction. UNAUTH PRAC LAW SCR 23.03).

August 2014 43 GBJ Feature

State Bar’s Diversity Program Hosts Pipeline Students for Seventh Year by Marian Cover Dockery

ixteen high school students, including

11 returning from 2013, participated in S the 2014 Pipeline Program, sponsored by the State Bar of Georgia Diversity Program (GDP),

Atlanta’s John Marshall Law School (JMLS) and the

Leadership Institute for Women of Color Attorneys,

Inc. (LIWOCA). Marian Cover Dockery, executive director of the GDP and the Pipleline Program director, introduced this concept to her GDP law firm and cor- Photos by Roger Washington (Left to right) Ralph Culpepper, Pipeline instructor; Kara Wise, first porate members JMLS and LIWOCA seven years ago place winner of oral and written competition; and James Johnson, of counsel, Sutherland, and competition judge. and reports that Pipeline, which is a skill-building pro- The 2014 program opened with a visit to the State Bar of Georgia where the students participated in gram, has served more than 120 students from metro- Journey Through Justice. Mornings were then spent at JMLS where grammar, writing and speech were Atlanta, given about $20,000 to high school students in taught by Ralph Culpepper, a member of the Teach for America Corps. Students prepared for the oral awards and stipends and has seen a larger number of competition by preparing a speech on a different topic each day during the nine-day program. GDP attorneys, students return to the program over the past two years. JMLS professors and volunteer attorneys evaluated the

44 Georgia Bar Journal about participating in the Pipeline Program:

n “The Pipeline Program has given me confidence in myself and by doing so has made me a better public speaker . . . . I am thankful that I have had the privilege of meeting accomplished people. . .”Amber Johnson, senior, Westlake High School n “The Pipeline Program has helped me become a better writ- er and public speaker. . .” Ethan Staes, senior, Milton High School n “The Pipeline Program has allowed me to interact with people of different backgrounds, opinions and ideas. Being able to branch out and meet such accomplished people inspires me (Left to right) Eric Pinckney, graduate of Niki Phung, senior, John’s Creek High School, to make the most out of life and Woodward Academy, second place winner of the third place winner of the oral and written take advantage of any opportuni- oral and written competition, accepts the senior competition, accepts her award from competition ties presented to me.” Alina Xu, award from Ralph Culpepper, Pipeline instructor. judge James Johnson, of counsel, Sutherland. junior, Milton High School students’ speeches daily. A retired partners discussed opportunities n “. . . I loved getting to meet attorney and GDP members from in government service. Sutherland and talk to the lawyers in their Equifax, Parker Hudson Rainer & hosted the oral and written compe- offices. There’s nothing else like Dobbs, LLP, and Jones Day served tition. Troutman Sanders provid- it.” Kara Wise, senior, Riverwood as speech instructors. ed breakfast snacks and Seyfarth International Charter School In the afternoons, students vis- Shaw purchased books and con- ited diversity program member tributed to other Pipeline expenses. law firms and corporate law offic- Arnall Golden Gregory sponsored es for lunch followed by mentor- the closing party. LIWOCA funded Business ing sessions with the attorneys. the competition awards and the Turner Broadcasting System, Inc., stipends for the college-bound Valuations presented an interviewing work- seniors and also assisted with other shop. Students also participated Pipeline expenses. JMLS donated Divorces ! Estates ! Gifts in one-on-one mentoring sessions the space for classes and provided ESOPs ! FLPs sponsored by Alston & Bird that administrative support. Intangible Assets ! Disputes gave students the opportunity to The last day of the program fea- continue long-term relationships tured the oral and written competi- Mitchell Kaye, CFA, ASA based on the students’ interest. tion with monetary awards for first,

As a new sponsor, the Alliance second and third place. The 2014 win- (770) 998-4642 Theatre hosted a workshop on ners were: Kara Wise, rising senior, American Society of Appraisers presentation techniques and Jones Riverwood International Charter Past President, Atlanta Chapter Day hosted a session on dining School, first place; Eric Pinckney Chartered Financial Analyst room etiquette and working in Jr., rising freshman, University of alternate careers before law school. Colorado, second place; and Niki Affirmed by Court of Appeals At Equifax, students learned about Phung, rising senior, Johns Creek credit and discussed alterna- High School, third place. High school tive careers in the law; Kilpatrick graduates also receive stipends to Court Testimony Townsend presented a session on help them purchase books for their and study skills and Swift Currie pre- first year in college. The challenging sented on social media etiquette. program ended with a party hosted IRS Experience Baker Donelson attorneys dis- by Arnall Golden Gregory. serving appraisal clients since 1981 cussed how to select the college Several of this year’s Pipeline of your choice and Polsinelli, PC, students expressed their thoughts [email protected]

August 2014 45 Suicide Awareness Campaign How To Save A Life NEED HELP? Call the State Bar’s confidential Lawyer Assistance Program Hotline at 800-327-9631

The State Bar of Georgia has produced an educational DVD, titled “How to Save a Life,” which is directed toward those who are suffering from anxiety and depression and may be at risk for suicide, as well as all Bar members, who need to recognize the severity of the problem and be able to identify warning signs among colleagues.

If you are thinking about suicide or are worried a friend may be contemplating suicide, immediate action is critical. Call the confidential LAP Hotline 800-327-9631.

The DVD includes three video lengths: 24 minutes, 11 minutes and six minutes. For more information or to obtain your copy of the DVD, call 404-527-8792. of our volunteers are law school graduates and a third is currently in law school. The volunteers reported that the opportunity to visit the law firms gave them exposure and chances to network that they otherwise would not have experienced. The volunteers even found the mentoring programs to be valuable for their law school careers. Three of our five Pipeline teachers have pursued law degrees and our current teacher will attend in 2015. Those teachers have expressed how the program has been of tremendous value, especially the visits (Front row, left to right) Pipeline students Alexis Harris, Eric Pinckney, Michael Hall (volunteer) and to law firms and corporations that Nicholas Edwards; (second row, left to right) Anique Harvey (volunteer), Nia Sullivan, Anais Mayo, Amani Dabney, Amber Johnson, Kayla Willis, Jalen Pierce and Ralph Culpepper (instructor); (third provided networking opportuni- row, left to right) Nia Jones, Tamia Carnell, Kara Wise, Bali Wise, Alina Xu and Niki Phung. ties, mentoring opportunities and insight from the GDP attorneys n “This program has helped me with for me!” Eric Pinckney Jr., fresh- regarding the different areas of law my grammar and my writing skills man, University of Colorado they may pursue upon graduation. . . . [and] has helped me with my We look forward to another year confidence the most. I never really Unanticipated beneficiaries of the of hosting the students and working thought I’d be able to talk in front Pipeline Program are the teachers with the volunteers, and we thank of people.” Amani Dabney, sopho- and volunteers. The program, origi- our sponsors for their support. more, Westlake High School nally designed to encourage high n “Beginning summers with the school students to pursue law as a Marian Cover Dockery Pipeline Program has been price- career, has also served as a mentor- is an attorney with a less. The public speaking and ing program for our Pipeline teach- background in employ- networking opportunities have ers and volunteers, many of whom ment discrimination encouraged me to make produc- are interested in pursuing law school. and the executive tive use of my summer time.” Niki This year, our Pipeline volunteers director of the State Bar Phung, senior, Johns Creek High School were Michael Hall, rising junior at of Georgia Diversity Program. For n “I hope to return to the Pipeline Harvard who aspires to attend law Program one day and give back school and Anique Harvey, rising more information on the Diversity to the program that did so much sophomore at Spelman. To date, two Program, go to www.gabar.org.

22nd Annual State Bar of Georgia Diversity Program Save Luncheon and CLE the Date 3 CLE with 1 Professionalism (self-reporting) Keynote Speaker Teresa Wynn Roseborough, executive vice president, general counsel and corporate Sept. 24 secretary, The Home Depot, Inc. Questions? Contact Marian Cover Dockery 2014 at [email protected].

August 2014 47 GBJ Feature

Georgia Bar Foundation Awards Grants and Honors Individuals by Len Horton

he Georgia Bar Foundation (the Foundation)

began fiscal year 2014-15 with its annual T grants meeting in which net IOLTA revenues received during fiscal year 2013-14 were available for grant awards to 20 applicants. During the meeting, several individuals were also recognized for their extraordinary contributions to the Foundation. Photo by Len Horton The Georgia Bar Foundation Board of Trustees reviews grant Georgia Bar Foundation Awards applications for the 2014-15 fiscal year.

$314,935 in Grants Hon. Robert W. Chasteen, vice president of the The Foundation awarded a total of $314,935 in grant Foundation, was named by Franklin to form a commit- awards at its meeting on July 17. tee to review and expand the Fellows Program. “While our revenues still have not recovered from Franklin also announced the creation of the the Great Recession, the money we did have available Philanthropy and Civil Indigent Legal Services for grants this year provides important support to Committee to oversee the recently received grant from both of Georgia’s two main providers of civil indigent the Public Welfare Foundation through the National legal services,” said James B. Franklin, president of Association of IOLTA Programs. Kitty Cohen, treasur- the Foundation. er of the Foundation, was named chair of the commit- After thorough discussion considering the 20 tee, which also includes Foundation board members applicants, the Board decided to award $212,581 Aasia Mustakeem and Tim Crim; Sally Lockwood as to Georgia Legal Services Program and $102,354 to a representative from the State Bar’s Access to Justice Atlanta Legal Aid. Committee; and a representative to be announced

48 Georgia Bar Journal Photo by Len Horton Photo from Supreme Court of Georgia Justice Carol W. Hunstein was honored for her donation to the (Left to right) Mike Nations receives the 2014 James M. Collier Award from Georgia Bar Foundation of money remaining in her re-election Georgia Bar Foundation President James B. Franklin. campaign fund. from the Southeastern Council paign donations to the Georgia last count, he has written 18 drafts of Foundations. Guy Lescault, Bar Foundation.” of the proposed rule.” a revered leader in the national Franklin listed many of the things In addition to his obvious writ- access to justice movement, will Justice Hunstein had done for the ing and thinking skills on this be a consultant on the project that Foundation over the last decade. important subject, he has become is designed to expand awareness “If she had done nothing more, she someone whose counsel is now of IOLTA and access to justice in would still be as supportive of the regularly sought on virtually all the philanthropic community in Georgia Bar Foundation as any- matters of the Foundation. It is the southeast. one in our history. But her latest well known that the way to job donation, amounting to $28,200.45, security is to make yourself invalu- Justice Hunstein comes at a time when we badly able to an organization. According Honored for Donation need additional resources. In her to Franklin, “If he were a full-time own special way and at the most employee of the Foundation, we’d Supreme Court of Georgia appropriate time, she finds ways have to keep his salary sky high to Justice Carol W. Hunstein was to help.” make sure we kept him working honored for her donation to the for us. Mike is that good.” Georgia Bar Foundation of money Nations Receives James The Georgia Bar Foundation is remaining in her re-election cam- M. Collier Award the charitable arm of the Supreme paign fund. She has decided not to Court of Georgia and is the named seek re-election. Mike Nations, of Nations, Toman recipient of interest on lawyer trust “I hope this will stimulate inter- & McKnight, received the James M. accounts. It also manages the Fellows est in donating to the Georgia Collier award during the annual Program that recognizes lawyers Bar Foundation,” said Justice grants meeting. The Foundation’s who are leaders in their communi- Hunstein. “The Foundation most prestigious award is pre- ties throughout the state. is working diligently to fund sented to an individual who has civil indigent legal services in provided distinguished service to Len Horton is the Georgia, and making a dona- the Foundation. executive director of tion to it is a great way to grow “Mike Nations has volunteered the Georgia Bar access to justice in this state. I so much time to promote rate com- Foundation. He can be would like to encourage elected parability in Georgia that no award reached at hortonl@ officials not seeking re-election could give him the recognition he bellsouth.net. to consider giving unspent cam- deserves,” said Franklin. “At our

August 2014 49 Bench & Bar

Kudos Associate John Jett was selected to participate in > The University of Alabama School of the LEAD Atlanta Class of 2015. In 2004, Leadership Law’s Public Interest Institute award- Atlanta founded LEAD Atlanta, as an initiative for ed Kristina Scott, executive director of emerging leaders between the ages of 25 and 32. Alabama Possible, an honorary Order Through personal and professional development of the Samaritan medal for her efforts. and broad exposure to the community, LEAD With Alabama Possible, Scott works on Atlanta aims to equip young leaders early in their anti-poverty initiatives involving issues such as careers with the skills and knowledge needed to be hunger, sustainable food security and college readi- effective leaders committed to the common good. ness. The Public Interest Institute is a program that seeks to support law students at every stage of their > Hans A. von Spakovsky, senior legal development into public interest lawyers, as well as fellow at The Heritage Foundation and to foster a lifelong commitment to pro bono legal former U.S. Department of Justice coun- service in all law students. sel and FEC commissioner, has coau- thored a new book titled Obama’s > Enforcer: Eric Holder’s Justice Department. The book is a publication of Broadside Books, an imprint of HarperCollins. It is the first investigative look inside the U.S. Department of Justice under the tenure of Attorney General Eric Holder. The book centers on a series of chapters Dial Lord Jones Jett analyzing the DOJ’s activities including national Kilpatrick Townsend & Stockton LLP announced security, Fast and Furious, civil rights and more. that Audra Dial, managing partner of the firm’s Atlanta office, recently received the Inspiria Award > Henning Mediation and Arbitration, from Pathbuilders. In 2005, Dial was a Pathbuilders Inc., announced that the Cobb County Achieva participant. Achieva is designed for women Bar Association awarded Ronald who manage key assignments and are well-respect- Arthur Lowry, also of the Law Offices ed by their peers. This year marked the 25th class of of Ronald Arthur Lowry, the Bobby Achieva and to commemorate that occasion, Cleveland Award for Professionalism, Pathbuilders honored five graduates with the the Cobb County Bar Association’s highest honor Inspiria recognition. The Inspiria Award acknowl- bestowed on an attorney. Lowry served as presi- edges how women have continued to excel beyond dent of the Cobb County Bar Association for the their Achieva experiences. 2005-06 fiscal year and is currently a member of the Partner Ty Lord was selected to participate in Board of Governors of the State Bar of Georgia rep- the 2015 Class of Leadership Atlanta. Leadership resenting the Cobb Judicial Circuit. Lowry contin- Atlanta is the oldest continuously running training ues to serve as a member to Henning’s Panel of program of its type in the country. Formed in the Neutrals as he has since 1998. early 1970s, it quickly addressed the growing need for a trained cadre of leaders to move metro-Atlanta > towards unity and shared prosperity. More than 44 years later, Leadership Atlanta continues to edu- cate, inspire and connect local leaders in adherence with the principles upon which it was founded.

Partner Alicia Grahn Jones was presented Miller Newcomb Bomar Wilhelm the Visionary Award for 2014 by the Georgia Association for Women Lawyers (GAWL) at the Carlock, Copeland & Stair, LLP, announced that GAWL Annual Dinner. The award is presented to a partner Heather H. Miller was elected to serve as GAWL member who has shown the characteristics chair of the Board for the Women in the Profession of being forward thinking, creative and working Section (WIP) of the Atlanta Bar Association. The for the best interest of GAWL. GAWL has been pio- section is dedicated to furthering the practice and neering for women lawyers for more than 80 years, perception of law with a focus on issues unique to staying true to its mission to enhance the welfare women in the practice. As chair, Miller and the WIP and development of women lawyers and to support Board will continue the section’s work with Atlanta their interests. Legal Aid’s Cancer Legal Initiative, its support of

50 Georgia Bar Journal Bench & Bar

ForeverFamily and will continue to provide pro- > The Georgia Trial Lawyers Association grams and social events for section members and (GTLA) chose Fulton County State non-members. Court Judge Diane Bessen as a recipi- Partner William D. Newcomb was selected to ent of the 2014 Champion of Justice participate in the 2014-15 American Bar Association Award. The award, given at the GTLA Tort Trial and Insurance Practice Section (TIPS) president’s discretion, is traditionally Leadership Academy. The academy, a year-long given to members of Georgia’s judiciary who have program limited to a select group of only 25 attor- taken a courageous stand for justice in the face of neys nationwide, is designed to increase the diver- tremendous pressure from powerful forces. Bessen sity of leaders in the legal profession, nurture effec- received the award due to an order she issued in tive leadership with respect to ethical, professional 2009 finding the portion of the 2005 tort reform leg- and community service values, build relationships islation (SB 3) pertaining to caps on noneconomic among leaders from across the country and from damages unconstitutional, which was later unani- disciplines within the profession, and raise the level mously affirmed by the Supreme Court of Georgia. of awareness among lawyers regarding a broad range of issues facing the profession. > Nelson Mullins Riley & Scarborough Partners Spencer A. Bomar and Ryan B. LLP announced that partner Richard Wilhelm accepted nominations to join the Claims Hines was appointed to the Board of and Litigation Management Alliance (CLM). CLM Visitors of the Virginia Military is an alliance of insurance companies, corporations, Institute (VMI) by Virginia Gov. Terry corporate counsel, litigation and risk managers, McAuliffe. The Board of Visitors is the claims professionals and attorneys. CLM’s goal is supervisory board of VMI. The Board defines the to promote and further the highest standards of mission of the institute as a public institution of litigation management in pursuit of client defense. higher education in the Commonwealth of Virginia Attorneys and law firms are extended membership and oversees the development, revision and imple- by invitation only based on nominations from CLM mentation of a strategic plan for the accomplish- fellows, in-house claims professionals. ment of that mission. Hines is the fourth generation of his family to have attended VMI. > Chambliss, Bahner & Stophel, P.C., a Chattanooga-based law firm, announced > Childs & Noland announced that part- that Dana Perry was appointed to the ner William Noland was elected presi- Board of Directors for Meritas, a global dent of the Macon Bar Association for alliance of independent business law 2014-15. Noland previously served as firms. In her role as a board member, president of the Macon Bar Young Perry will be responsible for reviewing and establish- Lawyers Division and has served on the ing policy and setting strategy for the alliance. Perry Macon Bar Association Executive Committee for the will also act as an organizational leader, serving as a last three years. Noland’s practice areas include local liaison to member firms on administrative issues. government law, insurance law and civil litigation. Perry will serve a three-year term, during which time she will also serve on the Finance Committee. > Kirby Mason, a partner in the > HunterMaclean partner Dennis Keene Savannah office spoke at the 2014 ALFA International of Hunter Asia regional seminar, Flattening Legal Maclean, was

Borders: Product Liability and IP/IT Mason Moffett Muller elected president Issues for Asian Companies, in Beijing, of the Georgia China, in May. His topic was “U.S. Defense Lawyers Association (GDLA) at its annual Litigation: A Comparison of Various Aspects of meeting held in June. Other GDLA officers elected Litigating Cases in the U.S. and China.” The session include President-Elect Matthew G. Moffett, Gray, addressed product liability concerns for Chinese Rust, St. Amand, Moffett & Brieske, LLP, Atlanta; companies, particularly how lawsuits are litigated and Secretary-Treasurer Peter D. Muller, Goodman in state and federal courts in the United States and McGuffey Lindsey & Johnson, Savannah. GDLA was the role of mediation as an alternative dispute founded more than 40 years ago to further the interests of resolution tool. the civil defense bar. It provides education, training and networking opportunities to its more than 700 members.

August 2014 51 Bench & Bar

> > Fulcher Hagler LLP announced that associate Steve Sanders was selected as one of Augusta’s 2014 Top 10 in 10 Young Professionals to Watch by the Augusta Metro Chamber of . The award is designed to Bracken Grout Sheffey Biggerstaff Commerce recognize the Augusta area’s promising young pro- Hunton & Williams LLP fessionals between the ages of 25 and 35 who have recognized six attorneys in demonstrated the potential to positively impact the the Atlanta office with the community in the next 10 years. 2014 E. Randolph Williams Pro Bono Award for out- > Judge J. Lane Bearden, Cherokee Stulce Green standing pro bono service: Judicial Circuit, was installed as presi- Lawrence J. Bracken II, dent of the Council of Juvenile Court Bradley W. Grout and Rita A. Sheffey, partners; Judges. As president of the council, Audrey J. Biggerstaff, pro bono fellow; Andrew A. Bearden will also serve on the Judicial Stulce, associate; and T. Brian Green, former Hunton Council of Georgia. The Judicial Council pro bono fellow and current attorney with Atlanta is a policy-making body for the state’s judicial Legal Aid Society, Inc. Recipients of the award, branch, chaired by the chief justice of the Supreme named after one of the firm’s founders, each contrib- Court of Georgia. Judicial Council membership con- uted more than 100 hours of pro bono legal services sists of 26 judges who represent Georgia’s appellate to indigent clients and nonprofit organizations dur- and trial courts, including the president and presi- ing the firm’s recent fiscal year. dent-elect of each trial court council. > The Burgoon Law Firm, LLC, > The Board of Directors of the Georgia announced that Brian D. Burgoon was Legal Services Program (GLSP) awarded the Tony Boggs Excellence in announced that Damon Elmore, a mem- Discipline Award by the president of ber with the law firm of Moore Sparks, The Florida Bar at the organization’s LLC, was elected president of the annual convention. The award was cre- Board. Elmore is a past president of the ated to recognize a lawyer for dedication, integrity, Young Lawyers Division of the State Bar of Georgia intellectual excellence and extraordinary work in and served on the Executive Committee in that role. and on behalf of the lawyer discipline efforts of The He is also a current member of the State Bar Board Florida Bar. In addition, Burgoon was re-elected as of Governors. His personal initiative to raise money, an out-of-state member of The Florida Bar Board support and awareness about GLSP can be found at of Governors, and was elected by the board to The www.razoo.com/story/DAMON-BIKES-IN- Florida Bar Executive Committee. Burgoon also EVERY-GEORGIA-COUNTY. was re-elected to the Board of Directors of the University of Florida Alumni Association. On the Move > The American Bar Association’s In Atlanta Government and Public Sector > Kilpatrick Townsend & Stockton LLP Lawyers Division honored the Georgia announced the addition of Amanda Legal Services Program (GLSP) with Hiffa to the firm’s Atlanta office as an the 2014 Hodson Award for Public associate on the mergers and acquisi- Service. GLSP Executive Director tions and securities team in the corpo- Phyllis Holmen accepted the award at the ABA’s rate, finance and real estate department. Annual Meeting in August. The award named in The firm is located at 1100 Peachtree St. NE, Suite honor of the distinguished public service career of 2800, Atlanta, GA 30309; 404-815-6500; Fax 404-815- the late Maj. Gen. Kenneth J. Hodson, a former 6555; www.kilpatricktownsend.com. judge advocate general of the U.S. Army, and a founding member of the Division, recognizes sus- > The Atlanta office of Miller & Martin PLLC moved tained, outstanding performance or a specific and to a new location in May. Although the physical extraordinary service by a government or public address changed, the main office phone number sector law office. and all other contact information for the firm and

52 Georgia Bar Journal Bench & Bar

its personnel remains the same. Free visitor park- > Fisher & Phillips LLP announced that ing for the new office is available by pulling up to Roger K. Quillen was re-elected by the the front of the building to valet services. The firm firm’s Management Committee to serve is now located at 1180 W. Peachtree St. NW, Suite as its chairman and as the firm’s manag- 2100, Atlanta, GA 30309; 404-962-6100; Fax 404-962- ing partner. Quillen has served on the 6300; www.millermartin.com. Management Committee continuously since 1997 and has been the firm’s chairman and > Boyd Collar Nolen & Tuggle, LLC, managing partner since 1999. The committee works announced that former Chief Judge with the chairman and managing partner and serves Cynthia D. Wright of the Fulton as a board of directors for the 31-office labor and County Superior Court will join the employment law firm. The firm is located at 1075 firm as a partner. Wright served as chief Peachtree St. NE, Suite 3500, Atlanta, GA 30309; 404- judge for two, two-year consecutive 231-1400; Fax 404-240-4249; www.laborlawyers.com. terms before stepping down earlier this year. At Boyd Collar Nolen & Tuggle, Wright will expand > James-Bates-Brannan-Groover-LLP the firm’s mediation and arbitration practice, focus- announced that Paul J. Quiner joined ing on a variety of legal cases, including family law the firm as a partner after 22 years of matters, as well as disputes between companies and working in corporate executive man- governmental entities. The firm is located at 3330 agement roles. He serves as chair of the Cumberland Blvd., 100 City View, Suite 999, health care practice group. The firm is Atlanta, GA 30339; 770-953-4300; Fax 770-953-4700; located at 3399 Peachtree Road NE, Suite 1700, www.bcntlaw.com. Atlanta, GA 30326; 404-997-6020; Fax 404-997-6021; www.jamesbatesllp.com. > > FisherBroyles, LLP, announced the addition of Susana B.M. King and Dolph Winders to the firm’s Atlanta office as part- Shockley Burney Kirson Deeb King Winders ners. King brings almost 15 Kessler & Solomiany, LLC, announced that years of wealth management and estate planning Rachel Simpson Shockley and Karine P. Burney experience to the firm from SunTrust Bank, and were named partners in the firm, Steven K. Winders is a former partner at Moore Ingram Kirson joined the firm as a senior associate and Johnson & Steele, where he practiced in the firm’s Michael D. Deeb joined the firm as an associate. corporate, tax and estate planning departments. Shockley counsels clients in all areas of family law The firm is located at Northpark Town Center, 1200 including divorce for all income levels, prenuptial Abernathy Road, Building 600, Suite 1700, Atlanta, agreements, postnuptial or reconciliation agree- GA 30328; www.fisherbroyles.com. ments, spousal support, child custody and child support issues. Burney handles complex divorce > Novateur Partners, LLC, added Gregory cases, child custody matters, support and alimony Riggs as a principal to its leadership claims, modification actions, prenuptial agree- team. Riggs was formerly general coun- ments and all other domestic relations issues. sel at Delta Air Lines and associate dean Kirson’s practice includes alimony, child support, for external relations at Emory University support or custody modification, contempt and School of Law. Novateur is an Atlanta- related matters as well as QDRO preparation, in based coaching, consulting and training company addition to divorces. Deeb brings a business-ori- that helps lawyers improve performance and suc- ented perspective to the firm, having experience cess. Novateur is located at 3340 Peachtree Road NE, working with a vast array of complex financial Suite 1460, Tower Place 100, Atlanta, GA 30326; 404- documents. In addition, the firm announced the 975-3000; www.novateurpartners.com. opening of its satellite office. The new office is located at One Premier Plaza, 5605 Glenridge > Smith, Gambrell & Russell, LLP, (SGR) expanded Drive, Suite 840, Atlanta, GA 30342; 404-688-8810; its corporate immigration practice with the acqui- Fax 404-681-2205; www.ksfamilylaw.com. sition of The Kapoor Law Group, a specialty boutique firm based in Atlanta. The firm’s owner

August 2014 53 Bench & Bar

and managing partner Romy K. Kapoor serves as In Macon a partner in the corporate section of SGR. He and > Childs & Noland announced the addi- his staff have extensive experience in all aspects of tion of Lauren N. Schultz as an associ- immigration law for top multinational companies, ate. Her practice areas include family as well as complex immigration, nationality and law and civil litigation. The firm is locat- removal defense issues. In addition to Kapoor, ed at 165 First St., Macon, GA 31201; 478- Robert J. Lee joined SGR’s corporate section as an 745-4712; www.childsandnoland.com. associate. The firm is located at Promenade, Suite 3100, 1230 Peachtree St. NE, Atlanta, GA 30309; 404- In New York, N.Y. 815-3500; Fax 404-815-3509; www.sgrlaw.com. > Greenberg Traurig, LLP, announced that Kamal Jafarnia joined the firm’s > Mozley, Finlayson & Loggins New York office as of counsel in announced that Sharon P. Horne joined its real estate investment trusts (REIT), the firm as an associate. Horne previ- corporate & securities, and financial ously worked for the DeKalb County regulatory and compliance practices. District Attorney’s Office and the Office Jafarnia focuses his practice on REITs, business of the Attorney General. Her practice development companies and securities matters. focuses on trucking, personal injury, premises lia- The office is located at 200 Park Ave., New York, bility and insurance defense. The firm is located at NY 10166; 212-801-9200; Fax 212-801-6400; One Premier Plaza, Suite 900, 5605 Glenridge Drive www.gtlaw.com. NE, Atlanta, GA 30342; 404-256-0700; Fax 404-250- 9355; www.mfllaw.com. In Winston-Salem, N.C. > Allman Spry Leggett & Crumpler, > Tatum, Hillman, Hickerson & Powell, P.A., announced the addition of Loretta LLP, announced that Susan E. Foxworth C. Biggs as a member, and the firm was named a partner with the firm. changed its name to Allman Spry Davis Foxworth concentrates her practice on a Leggett & Crumpler, P.A. Biggs prac- wide variety of commercial real estate tices exclusively in the area of family transactions, including representation law. The firm is located at 380 Knollwood St., Suite of lenders and borrowers in loan transactions, rep- 700, Winston-Salem, NC 27103; 336-722-2300; Fax resentation of purchasers and sellers in real estate 336-721-0414; www.allmanspry.com. acquisitions, divestitures and 1031 exchanges, representation of landlords and tenants in commercial lease negotiations and controversies and serving as local Georgia counsel. The firm can be reached at How to Place an Announcement 678-214-5029; Fax 678-348-7666; thplawfirm.com. in the Bench & Bar column In Alpharetta If you are a member of the State Bar of Georgia and > Cordell & Cordell, the nation’s largest domestic you have moved, been promoted, hired an associate, litigation firm focusing on representing men in taken on a partner or received a promotion or award, family law cases, announced the opening of its first we would like to hear from you. Talks, speeches (unless office in Alpharetta. The office is located at 2050 they are of national stature), CLE presentations and Marconi Drive, Suite 300, Alpharetta, GA 30005; political announcements are not accepted. In addition, 404-793-0000; cordellcordell.com. the Georgia Bar Journal will not print notices of honors determined by other publications (e.g., Super Lawyers, In Buford Best Lawyers, Chambers USA, Who’s Who, etc.). > Chandler, Britt & Jay, LLC, welcomed Notices are printed at no cost, must be submitted in as an in Jamie Danielle Britt associate writing and are subject to editing. Items are printed the firm’s criminal defense and litiga- as space is available. News releases regarding lawyers tion section. Britt was formerly with the Office of the Public Defender in the who are not members in good standing of the State Bar Tallapoosa Judicial Circuit. The firm is of Georgia will not be printed. For more information, located at 4350 S. Lee St., Buford, GA 30518; 770- please contact Stephanie Wilson, 404-527-8792 or 271-2991; Fax 770-271-2986; www.cbjblawfirm.com. [email protected].

54 Georgia Bar Journal Bench & Bar

2014 Accountability Courts Conference Registration Open Registration is now open for the 10th annual Georgia Accountability Courts Conference, to be held Sept. 14-17, at the Renaissance Waverly Atlanta Hotel. This year’s theme is “Different Paths, One Goal. A Decade of Reform, Restoration and Results.” Organized by the Judicial Council of Georgia’s Accountability Courts Committee, this year’s conference will emphasize treatment and standards for accountability courts. Online registration and speaker information is available at http://tinyurl. com/2014ACConference. More than 900 attendees are expected, according to Lateefah Thomas, program manager of the Office of Accountability Courts & Grants Management. “The (Left to right) Judge Juanita Stedman, Cobb County Juvenile Court; Executive Director Robyn Garrett-Gunnoe, Georgia Community Service conference brings in national and local subject matter Board; Chief Superior Court Judge Brenda S. Weaver, Appalachian experts to speak on accountability court issues. It’s Judicial Circuit; and Director Marla S. Moore, Administrative Office of designed to allow attendees to share ideas and information, the Courts, at the 2013 Georgia Accountability Courts Conference. and build relationships,” Thomas said. “Our 10th attorneys are familiar with other aspects of sentencing,” anniversary presents a unique opportunity to recognize says Brenda Weaver, chief superior court judge of the some of the wonderful people who began this work, as Appalachian Judicial Circuit and chair of the Judicial Council’s well as those who are now improving the lives of others Accountability Courts Committee. “Both criminal defense through our accountability courts.” attorneys and prosecutors need to learn about addiction and Georgia currently has 111 accountability courts, with more its effects, so they can better recommend and predict which in the planning stage. These courts include drug, DUI, defendants will be best served by these courts.” mental health, family dependency, juvenile, child support Weaver currently presides in the adult drug court and the and veterans’ courts. The annual conference provides veterans’ court in her circuit, and previously presided in training and collaboration for judges, court administrators, its mental health court. “Other than adoptions, the most prosecutors, public defenders, child welfare staff, treatment rewarding part of my job is presiding in an accountability providers, law enforcement and other professionals. court,” she said. “The members of my accountability court “As accountability courts become increasingly common, it is team are really making a difference in the lives of participants imperative that criminal defense attorneys become familiar and their family members, while making our community with their programs as an option for their clients, just as safer than before.”

Hardestwww.gab Working Site ar.orgon the Web.

August 2014 55 Office of the General Counsel

She Was Practically One of the Family by Paula Frederick

“ as anyone seen Mary?” your partner asks

as he wanders into your office. “We were H supposed to meet with her about some accounting issues this morning.”

“I had a call from her,” your paralegal responds. “She says she’s not going to make the meeting. Something has come up and she doesn’t know when she will be back in the office. I reminded her you wanted to meet today to compare the trust account ledger to the bank statements and she got offended! She yelled at me about minding my own business. She wouldn’t even tell me where she keeps the bank records! I finally found them stuffed in the back of her closet.” “I just want to know who Raffles Court Reporting is,” you say, reaching for the records. “The escrow ledger shows four checks payable to them for a total of $50,000! Nobody here has ever heard of them.” After a few minutes of rummaging you find copies of the canceled checks to Raffles. “You know whose signature that looks like?” you ask in disbelief. “MARY’S!” your partner and paralegal shout in unison. “We were like family,” you lament. What does a lawyer do when faced with Deal with the threat immediately. Whether from employee theft? embarrassment or fear of damage to the firm’s reputa- Although it is impossible to cover this topic thor- tion, many lawyers choose not to file criminal charges oughly in a one-page column, there are some simple when an employee steals. Fire the employee and cut steps that can help the lawyer avoid becoming the off access to any firm accounts or property. Talk to target of a disciplinary investigation. other employees to be sure the rogue acted alone.

56 Georgia Bar Journal Tighten your protocol for handling money and retrain all staff in proper accounting procedures. If you have not paid much attention to the books, now would be a good time to begin to personally oversee your office’s money management. You will likely need professional Unlock help to determine the depth and your breadth of the loss, so arrange for a forensic audit of all escrow and business accounts. Your ledger may show payments to fake entities, real payees may never have received payments or money may Potential have been improperly transferred Sign up for the Women & Minorities in the to your operating account before being funneled away. Profession Committee’s Speaker Clearinghouse Talk to your bank. You may need to close the affected accounts and open brand new ones. If client money was stolen you will need to put money into the escrow account so that outstanding checks don’t bounce (comingling that would normally be a violation of the rules itself. . .). And make sure it won’t happen again. Obviously, proper supervision is essential. Bar Rule 5.3 requires a managing lawyer in a firm that has non-lawyer employees to “make reasonable efforts to make sure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the profes- About the Clearinghouse sional obligations of the lawyer.” The Women and Minorities in the Profession Consider background checks and Committee is committed to promoting equal credit checks for staff who will handle money. If you choose to participation of minorities and women in the employ a suspended or disbarred legal profession. The Speaker Clearinghouse is lawyer you should be prepared to provide even closer supervision. designed specifically for, and contains detailed Even the most number-phobic information about, minority and women lawyers lawyer cannot avoid responsibility for her escrow account. If it’s who would like to be considered as faculty mem- time to review your day-to-day bers in continuing legal education programs and accounting procedures, contact the provided with other speaking opportunities. For more Bar’s Law Practice Management Program for help. information and to sign up, visit www.gabar.org /attorneyresources. To search the Speaker Clearinghouse, which pro- Paula Frederick is the general counsel for the vides contact information and information on the legal expe- State Bar of Georgia rience of minority and women lawyers participating in the and can be reached at program, visit www.gabar.org/attorneyresources. [email protected].

August 2014 57 Lawyer Discipline

Attorney Discipline Summaries (April 26, 2014 through June 26, 2014)

by Connie P. Henry

Disbarments/Voluntary Surrenders refused to acknowledge the wrongful nature of his Xavier Cornell Dicks conduct; that he submitted false evidence by present- Decatur, Ga. ing the release with the false notarization; that he had Admitted to Bar 1991 two prior Investigative Panel reprimands that involved On May 5, 2014, the Supreme Court of Georgia dis- a similar pattern of abandonment and trying to justify barred attorney Xavier Cornell Dicks (State Bar No. his actions by expressing doubts about the merits of 221142). A client hired Dicks in June 2007 to represent the cases; that the case presents multiple offenses; and him in a suit to enforce a mechanic’s lien to recover that he has substantial experience in the practice of $175,000. Dicks was aware that the statute of limitations law. During this time, Dicks received a formal letter would expire on Dec. 15, but he did not file to enforce of admonition in another case for abandoning a client the lien until January 2008. Dicks believed the suit had and for submitting false or misleading evidence to the no merit. He failed to appear at the hearing to dismiss special master. and the court dismissed it for failure to prosecute. Dicks re-filed the action, but it was dismissed with prejudice Michael Rene’ Berlon because the original action had not been timely filed. Grayson, Ga. In July 2009, Dicks informed his client that the action Admitted to Bar 1994 had been dismissed and presented him with a docu- On June 16, 2014, the Supreme Court of Georgia ment that released Dicks from any causes of action accepted the Petition for Voluntary Surrender of arising out of his handling of the suit in exchange for a License of attorney Michael Rene’ Berlon (State Bar promise to pay the client $25,000 by Sept. 28. The client No. 054822). Berlon agreed in June 2010 to represent a also agreed not to file a Bar complaint. Dicks did not client in a medical malpractice matter arising from the inform the client that he should have another lawyer death of her husband. Although Berlon was concerned look over the release. The client’s signature on the that the statute of limitations had expired, he told his release is notarized by Dicks’ paralegal, but the client client that he believed there was sufficient time in testified that he did not sign the release before a notary. which to file an action. He falsely led her to believe Dicks failed to file a timely response to a notice of that he was actively working on the case by sending a investigation and although he promised to reimburse demand letter and contacting expert witnesses. Berlon $25,000 to his client, he has only paid $6,000. did not accurately advise the client of the status of The special master found that Dicks did not make her case through early 2012 and never filed an action a timely good-faith effort to make restitution; that he on her behalf. Berlon’s responses to the grievance

58 Georgia Bar Journal filed with the State Bar contained not tell the client about the hearing restitution to a former client and factual misrepresentations. or the judgment. When this Court has repaid two of the three griev- imposed a suspension on Lang on ants. Additionally, Polk has agreed Suspensions May 6, 2013, he informed his client to the following conditions for H. Owen Maddux of the suspension, but he did not reinstatement: (1) a Review Panel Chattanooga, Tenn. tell the client about the judgment. finding that Polk has paid $1,000 Admitted to Bar 1983 The client learned of the judgment to one client who remains unpaid; On May 5, 2014, the Supreme in July 2013, when he received a and (2) that within six months of Court suspended attorney H. Owen notice of garnishment. reinstatement, Polk will schedule Maddux (State Bar No. 465516) for Lang offered that he was expe- an evaluation by the Law Practice nine months with conditions for riencing emotional problems dur- Management Department of the reinstatement after the imposition ing the relevant time, including State Bar and waive confidential- of a nine-month suspension in treatment for bipolar disorder and ity with respect to the Office of the Tennessee. The Tennessee Supreme major depressive disorder. Lang General Counsel. Court found that after Maddux was also submitted that he has attempt- retained to represent a client in a ed to mitigate any damages to his Robert Bruce Richbourg dispute with the client’s business client and that he has otherwise Tifton, Ga. partner in a landscaping business, exhibited good character, integrity Admitted to Bar 1991 he sent a letter to customers of the and reputation, is deeply remorse- On June 16, 2014, the Supreme business, advising them to send ful, and has apologized. Court accepted the Petition for any money owed to the business Lang’s reinstatement is condi- Voluntary Discipline of attorney to him, to be deposited with the tioned upon a finding by a licensed Robert Bruce Richbourg (State Bar court pending a ruling regarding psychologist or psychiatrist that he No. 604415) and suspended him for payment to creditors. There was is mentally competent to practice three years or at the termination of no case pending when the letter law; that for a three-year period his probation, whichever is longer, was mailed. Weeks later, Maddux following the termination of his with conditions for reinstatement. filed a lawsuit against the landscap- suspension, his continued active On Aug. 22, 2012, Richbourg ing partner. While the case was status be conditioned upon pro- pled guilty in the Superior Court of pending, opposing counsel discov- viding a quarterly report to the Tift County, to two felony counts ered that Maddux had received Committee on Lawyer Impairment of false imprisonment. He was sen- funds from landscaping custom- that he is mentally competent to ers in response to his letter and practice law; and that he execute had not deposited them with the a waiver of confidentiality with court. Although the court ordered respect to the Office of the General Maddux to explain the disposition Counsel and his psychologist or of those funds, he failed to ade- psychiatrist for the Committee on quately account for them and failed Lawyer Impairment. Lang also to pay the funds collected to the received an Investigative Panel court as he represented he would. reprimand in 2008. Maddux had twice before been suspended in Tennessee. Ricardo L. Polk Decatur, Ga. Eric Charles Lang Admitted to Bar 2004 Atlanta, Ga. On May 19, 2014, the Supreme Admitted to Bar 1990 Court suspended attorney Ricardo On May 19, 2014, the Supreme L. Polk (State Bar No. 001354) for Court suspended attorney Eric 30 months with conditions for Charles Lang (State Bar No. reinstatement. In the representa- 435515) for 12 months, to begin tion of three clients Polk failed to May 6, 2014, with conditions for act with reasonable diligence and reinstatement. In 1990, Lang repre- promptness, failed to communicate sented a client who had been sued with his clients in a timely and on a note. Summary judgment was full manner and failed to properly granted against the client in 2012 terminate the representations. The on all issues except damages. On special master found that Polk was May 1, 2013, there was a final hear- suffering personal and emotional ing on damages and judgment was problems at the time and he has entered against the client. Lang did expressed remorse. Polk has made

August 2014 59 tenced under the First Offender In mitigation of discipline Practice Management services and Act to 10 years on probation and Tucker offered that he cooperated recommendations with respect to ordered to pay fees and fines, and with the State Bar and expressed internal office procedures, client to perform 200 hours of communi- sincere remorse. Tucker noted files and case tracking procedures. ty service work. He also is required that he had already been sanc- The Court found that the improper to attend and undergo alcohol test- tioned for his conduct by the disclosure of confidential infor- ing and treatment if recommended Bankruptcy Court, however, the mation was isolated and limited after evaluation, and for the term of Supreme Court expressly rejected to a single client, it did not appear his probation he may not possess as a mitigating factor the imposi- that the information worked weapons of any nature. tion of prior punishment for the against or threatened substantial The Supreme Court found that same conduct. Tucker also sub- harm to the interests of the cli- Richbourg’s conduct was violent mitted an affidavit from a city of ent, and that there were significant and egregious, however, no per- Newnan Municipal Court judge mitigating circumstances. son was physically harmed and who averred that Tucker is the no client suffered as a result of his sole public defender in the court; Review Panel actions. The Court also found that that he knew Tucker to be a person Reprimands Richbourg had an exemplary his- of the highest integrity; and that tory as a member of the Bar. if Tucker were unavailable, the Edward R. Mashek III court’s administration would be Atlanta, Ga. John B. Tucker seriously jeopardized. The Court Admitted to Bar 2000 Newnan, Ga. found that Tucker’s conduct was On May 5, 2014, the Supreme Admitted to Bar 1984 knowing and intentional and not Court accepted the Petition for On June 16, 2014, the Supreme merely a mistake. Voluntary Discipline of attorney Court accepted the Petition for Edward R. Mashek III (State Bar Voluntary Discipline of attorney Public Reprimand No. 475384) and ordered that he John B. Tucker (State Bar No. Margrett Ann Skinner receive a Review Panel reprimand. 717750) and suspended him from Macon, Ga. Mashek runs a solo practice rep- the practice of law for six months. Admitted to Bar 1987 resenting personal injury litigants. In 2012 and 2013 Tucker represent- On May 19, 2014, the Supreme Medical providers would alert his ed 26 clients in separate bankruptcy Court ordered that attorney office to a person receiving or con- cases in the U.S. Bankruptcy Court Margrett Ann Skinner (State Bar templating treatment or seeking for the Northern District of Georgia. No. 650748) be issued a Public legal counsel. In each of those cases, he worked Reprimand. A special master found Mashek’s office would then with Samuel Brantley, a former that between July and October contact the potential client. It was lawyer who had been disbarred 2010, Skinner failed to keep a client standard practice for Mashek’s as a result of a conviction of wire reasonably informed of the sta- firm to send a “sign up person” fraud. Tucker knew that Brantley tus of her divorce, and that she to meet with the patient. Southern had been disbarred but neverthe- disclosed confidential information Healthcare Associates (SHA) was less allowed him to have contact about her client on the Internet. a medical provider that referred with clients in person, by telephone In aggravation, the special master patients to various lawyers. Mashek and in writing; allowed him to noted that Skinner had substantial asserts that he never paid SHA to meet with clients in Tucker’s office; experience in the practice of law. In solicit or refer clients to his firm allowed him to discuss and advise mitigation the special master found and that he had no knowledge that clients about the procedural and that Skinner had no prior disci- SHA improperly solicited patients substantive aspects of their cases; pline, the absence of a dishonest or for these legal referrals. did not tell the clients that Brantley selfish motive, that she refunded a On Oct. 7, 2011, a man was had been disbarred and told cli- substantial portion of her fee to the involved in an automobile accident ents Brantley was a lawyer; and client even after doing work for the and within a few days spoke with allowed Brantley to prepare plead- client, that she accepted responsi- friends about referrals to medical ings (although Tucker signed them bility for her misconduct, that she providers, but not to legal counsel. and appeared in court). In July 2013 was cooperative in the disciplinary On Oct. 14, a representative from the U.S. Bankruptcy Court entered proceedings and that she expressed Mashek’s office contacted the man an order sanctioning Tucker in a remorse. The special master also and solicited him for both legal case for allowing Brantley to effec- found that Skinner experienced a representation and medical care. tively represent the client except number of personal problems dur- A “sign up person” from Mashek’s for making court appearances, and ing the relevant time. office met with the man later that it suspended him from practice in The Court also ordered Skinner day, and he hired Mashek to rep- that court for six months. to consult with the State Bar’s Law resent him. The special master con-

60 Georgia Bar Journal demned Mashek’s behavior, noting Investigation. To date Goodnight (State Bar No. 070325) had com- that he should have known that has filed no response. Goodnight plied with all of the conditions for the case was suspect and that he had no prior discipline. reinstatement following her sus- had initiated a system in his office pension, and reinstated her to the through which his representatives Reinstatement practice of law in Georgia effective contacted potential clients based Granted June 11, 2014. on no more than tips from a medical provider and without knowing Thomas Richard Topmiller Interim Suspensions anything about how the client orig- Marietta, Ga. Under State Bar Disciplinary inated. In mitigation of discipline, Admitted to Bar 2008 Rule 4-204.3(d), a lawyer who Mashek had no prior discipline, On May 5, 2014, the Supreme receives a Notice of Investigation was cooperative with the State Bar, Court of Georgia determined and fails to file an adequate and he showed remorse. that attorney Thomas Richard response with the Investigative Topmiller (State Bar No. 443008) Panel may be suspended from the Peggy Ruth Goodnight had complied with all of the condi- practice of law until an adequate Atlanta, Ga. tions for reinstatement following response is filed. Since April 26, Admitted to Bar 1987 his suspension, and reinstated him 2014, no lawyers have been sus- On May 19, 2014, the Supreme to the practice of law in Georgia pended for violating this Rule and Court ordered that attorney Peggy effective May 5, 2014. none have been reinstated. Ruth Goodnight (State Bar No. 301445) be issued a Review Panel Pamela Michelle Bounds Connie P. Henry is the Reprimand. The following facts are Ocala, Fla. clerk of the State admitted by default: The Court Admitted to Bar 1991 Disciplinary Board and placed Goodnight on interim sus- On June 11, 2014, the Supreme can be reached at pension in January 2012 for her Court of Georgia determined that [email protected]. failure to respond to a Notice of attorney Pamela Michelle Bounds

August 2014 61 Law Practice Management

Creating a Law Office Management Checklist by Natalie R. Kelly

he Law Practice Management Program

receives calls and emails each day cover- T ing anything and everything about setting up and running a law practice. In determining what’s most asked and discussed in our office, we keep close watch over our interactions with members. The services we provide are confidential, so it is only shared in general ways to help firms become more efficient and productive with their office management. We often suggest and provide checklists for lawyers looking to improve their practices. Perhaps this broad list of topics and concerns we’ve assisted members with recently will get you thinking about what you’d want to put on Disaster Recovery and Business Continuity What happens to a lawyer’s practice after he or she your own office management checklist. passes away? Does the Bar have a sample disaster recovery plan? Is there any insurance for business con- Management tinuity? Can we sell our law practice and do you know who does business valuation? Staffing and Compensation What’s the going rate for a paralegal in our area File Management and Retention of the state? At what point should I hire a new staff How long do we have to keep client files? What person? Does my firm need to have a formal part- is the best way to organize files on our computers? nership track with so many of our older lawyers What’s the easiest way to access data across my smart- looking to retire soon? How much should we pay a phone, desktop and home computer? Do we have easy new associate? access to where our files are backed up?

62 Georgia Bar Journal Marketing Technology we call for support on our practice management system? Advertising Rule Change Bring Your Own Device Policies What does the new change to the Should your firm have a “bring Program Services advertising rule mean for my prac- your own device” policy and what Does your office help members tice? What address must I give in exactly does that mean for staff and with QuickBooks? What resourc- my advertising? If I have multiple management? Is there a system or es are new in the Law Practice offices throughout the state, how service to help monitor external Management Program Resource do I comply with the advertising devices brought in by staff? Library? Can my staff check mate- rule change? rial out of the Resource Library? Cloud Computing How do I get signed up for the Solo Social Media Marketing Should our firm use cloud-based and Small Firm Discussion Board? Should lawyers use the popu- practice management software? Is What topics are being covered in lar social media services to get the cloud safe? What should we the next Solo and Small Firm quar- clients? What should we put do about online storage and the terly CLE event? Do Georgia law- online about ourselves? Should client confidentiality concerns we yers receive a discount on software staff be allowed to use social media have with the cloud? Should we do programs? Is the office startup at work? Which service is better away with our office network and kit free? Can my staff check out for lawyers? move everything to the cloud? resource library material? Where can lawyers go to see if they can Finance Apps get a discount on products or ser- Do you know of any reliable vices? What is the Fastcase member Financial Reports apps for lawyers? Which apps benefit and where can I get training Which reports do I need to work best for litigators? What on how to use it? What benefits are have as far as my accounting are your favorite apps for note offered to Bar members? goes? Should I track transactions taking? Do most law office man- The questions outlined here are daily, weekly or monthly with my agement software programs have just a sampling of what our program accounting program? Does my apps? Is there a timekeeping app can assist members with in their law accounting program bill in mul- I can use while I work away from offices. Be sure to take the time to tiple formats? Can reports show us my office? put together a workable checklist how much time each lawyer has for your practice or practice group, billed and collected, and what’s Practice Management and contact us if you need any help, outstanding client by client? Software or simply have ideas for what other How much will it cost to imple- services may be provided. Trust Accounting ment a practice management system Reconciliation and Record in our firm? Do you offer training Natalie R. Kelly is the Keeping and support on practice manage- director of the State Do I have to have my business ment software programs? Can the Bar of Georgia’s Law account and my trust account at the practice management system talk Practice Management same bank? How do I handle credit to our time billing and accounting Program and can be card payments that should go into program? Is there software that will reached at nataliek@ my trust account? How long do do both time billing and accounting gabar.org. I have to keep trust accounting and practice management? Who do records? Am I required to reconcile the trust account every month? What exactly should be put into the N D L trust account? Norwitch Document Laboratory Forgeries - Handwriting - Alterations - Typewriting Billing Ink Exams - Medical Record Examinations - “Xerox” Forgeries Should we bill all clients every month? What should we put on F. Harley Norwitch - Government Examiner, Retired our bills? Can we easily upload Court Qualified Scientist - 30+ years. Expert testimony given in our logo to the bill template or use excess of four hundred times including Federal and Offshore our letterhead for bills? How do we effectively collect on past due client 1 17026 Hamlin Boulevard, Loxahatchee, Florida 33470 bills? Can I charge interest on my www.questioneddocuments.com past due bills, and if so, what’s the Telephone: (561) 333-7804 Facsimile: (561) 795-3692 normal rate for this?

August 2014 63 Section News

Section Awards, Updates and Information by Derrick W. Stanley

he State Bar of Georgia’s Intellectual ts

the tice and

chool ac Property Law Section, chaired by Tina rt Law Law Law S and Pr Judicial Bene To otection

t y

Appellate

S Pr Williams McKeon of Kilpatrick Townsend Economics quine Law

T hild Law E egal General ty Law & Stockton, LLP, received the 2013-14 Section of the C L orporate Counsel Nonpro Employee

mmigration

E E-Discover

I Year Award. This annual award honors an outstanding oper Law Law Pr Law ntitrust Law Law A echnology Law eal

section for its members’ dedication and service to their nternational Law T Law I R

C Economics

areas of law practice and for devoting significant hours Law w Business

Resolution Law eterans and Law Domain vironmental Distribution Health

ty La w y/V of volunteer effort to the profession. En

nimal onstitutional L aw and A T Law C

axation ilitar oper Dispute eys Three Awards of Achievement were also presented cy T Liability Pr Eminent M

this year. The sections honored were: Law Law Law mpensation La rupt Law ts anchise ers Atto rn Law

n I Fr Child Protection & Advocacy Section, chaired by ’ Co wy Law Law Bank Spor

Nicki N. Vaughan, Gainesvlle, Ga. La rofessional n Family Law Section, chaired by Jonathan J. Tuggle, ntellectual I P Law griculture riminal onsumer orkers and Elder y

Boyd Collar Nolen & Tuggle LLC A C C Employment W nment O Law

n Senior overnment

Military/Veterans Law Section, chaired by Drew N. ver Law G Early, Shewmaker & Shewmaker LLC and Law iduciar Law tice Go ainment F viation Rights Law ’ rac A Labor

N Law ocal

2014 Tradition of Excellence Award Liability echnology T vocacy t L Law E nte rt ial

Recipients ollege Tr of Ad C tice reditors ac oduc C dministrative The Tradition of Excellence Award is given annually amily Law and A Pr Law and F Individual Rights Law Pr Section Use and S Insurance P to members of the General Practice & Trial Law Section.

64 Georgia Bar Journal Candidates for these prestigious awards should meet the following qualifications: n be a Georgia resident; n have 20 years of outstanding achievement as a trial lawyer, general practitioner or judge; n be 50 years or older; n have made a significant contribution to CLE or Bar activities; n have a record of community service; and n have a personal commitment to excellence.

Awards are presented at the State Bar’s Annual Meeting during a breakfast ceremony in the following categories: plaintiff, defense, Simms Photo by Betty (Left to right) General Practice & Trial Law Section Chair Jimmy Hurt presented the Tradition general practitioner and judicial. of Excellence Awards to recipients Joe A. Weeks, general practice; Hon. John D. Allen, judicial; The recipients are then honored at Judson Graves, defense; and Neal Pope, plaintiff. a formal reception. More Sections Offer including the tools and appli- New Sections Solicit cations; best practices and Specialized Training Members procedures; applicable rules The Institute of Continuing Legal and laws; and ethical consid- Education (ICLE) in Georgia is the Over the past several years, the erations. not-for-profit educational service of State Bar of Georgia has seen a n Economics and the Law: The the State Bar of Georgia; and is a substantial increase in the number purpose of this Section shall consortium of the Bar and the law of sections. The three youngest be to increase awareness of the schools of the Universities of Georgia, sections are listed below with a economic impact of statutes, Emory, Mercer and Georgia State, brief description: regulations and case law deci- and the John Marshall Law School. sions by bringing together law- As the CLE provider for the Bar, n Constitutional Law: The pur- yers and scholars to discuss and ICLE has been working with section pose of this Section shall be to study such issues. leaders to create institutes and pro- promote the objectives of the gramming geared to specific areas of State Bar of Georgia within the It is easy to join a section. You practice. From “Nuts and Bolts” to field of constitutional law (state can go to www.gabar.org, log in destination weekend programs, you and federal); to actively spon- to your membership account and can fine-tune your skills and increase sor the continuing education of click the “Join a Section” link. your knowledge base while network- the members of the State Bar of ing with your peers. Visit www. Georgia in this field; to make Section Officers iclega.org for a list of programs that appropriate recommendations Updated on the Website may be valuable to your practice. in this field to the State Bar of Be sure to check out the institute Georgia; and to further the pur- On July 1, the Bar fiscal year schedule at www.iclega.org/ poses of a section of the State began under the leadership of programs/institute.html. Section Bar of Georgia as contemplated new officers. Likewise, many sec- members receive marketing and under the provisions of Article tions officers changed as well. registration information prior to the XIV of the bylaws of the State The current officers for the sec- general public. Bar of Georgia. tions are listed on the section n E-Discovery and the Use of webpages at www.gabar.org. The Derrick W. Stanley is Technology: The purpose of description pages for each sec- the section liaison for this Section shall be to pro- tion provide a list of the current the State Bar of vide education and training officers and a link to their con- Georgia and can be to lawyers across practice tact information. These pages will reached at derricks@ areas about all facets of legal offer the most current informa- gabar.org. technology and e-discovery, tion about the sections.

August 2014 65 Member Benefits

Fastcase, Not Just Another Pretty Interface by Shelia Baldwin

he ever-growing number of new cases and Curious as to how many cases there are in the entire Fastcase database, I searched all jurisdictions the additional content such as law reviews using the word “court” and 7,664,585 were popu- lated in the results page. That may not be the total necessitated a recent revamping of Fastcase number, but it’s probably close. That’s a lot of cases, T but what’s more impressive is the quickness with servers to accommodate more data and to satisfy the which Fastcase pulls them into the results page. Using an iPhone stopwatch, the time to it took to expanding membership. Those Bar members who use get the results was under 2.5 seconds. To be fair, it took a second to hit stop so probably more like 1.5 Fastcase on a regular basis appreciate the time-saving seconds. That is pretty amazing! A member once jok- ingly referred to Fastcase as Slowcase, but I haven’t features that are now available. They enjoy finding heard that lately. From the beginning, Fastcase received positive cases quickly and seeing them displayed in two dis- reviews because of the way the Timeline plotted results on a graph so that the most-cited cases were imme- tinct but linked views. They also know that Fastcase is diately apparent. In one quick click of the Interactive Timeline tab to the right of the Results tab you can more than just another pretty interface. If you haven’t see a rich variety of information. To make it even more useful the developers added the Explore Case logged in to Fastcase in a while, you will find that Relationships function that provides a way to see how the cases are related. Now users can click on a increased speed and several new features will greatly specific case in the Interactive Timeline and get a new Interactive Timeline of the cases cited within that case enhance your experience. Following is an introduction as well as the cases that cite back to the original case. Using the terms search w/5 seizure* within the to some other cool things Fastcase now offers. jurisdiction of Georgia and the 5th and 11th Circuit Courts, 3,227 cases result. To narrow, I selected the The Search Within feature, which aids in con- Search Within tab and added the terms “Curb* or gar- structing a good query, and the new Explore Case bage or trash.” This narrows the results to 193 (see fig. Relationships tool enables a view of relevant data 1). Using the back button, one can see that the Search not necessarily found in the original results. The new Within feature automatically added the parenthesis in Alerts are also a great time saver, almost like having the appropriate place. The asterisk was added to the a personal assistant helping with your research. The end of the word curb to include curbside. increased speed makes possible the goal of research Moving from the default view to the interactive time- that is faster, smarter and more powerful. line, all 193 cases display with United States v. Colbert

66 Georgia Bar Journal showing up as relevant and cited within the search criteria (see fig. 1 2). I rested my mouse over the case circle and called up the case information about the case and opened the Explore Case Relationships link. From here one can see which cases United States v. Colbert cites as well as what cases cite to United States v. Colbert. Now you can see our original case is on the timeline at about 1980. To the left of the case you can see all the cases cited to in the Colbert opinion. To the right are the cases that cite back to Colbert (see fig. 3). Seeing this information on the timeline can be useful in determining the value of my case in reference to how significant the related cases appear to be in terms of relevancy 2 and authority based on frequency of citation and court level. In this case, United States v. Colbert was cited 220 times, but few of those citing cases were rated high in relevance, although the case itself was 78 percent relevant. Conversely, at least a half dozen were very highly cited and cited by at least a few cases in my result list which indicated they would be at least somewhat relevant. Going back to the results view, there is an option to add an alert. An Alert is set up to send any further cases that fit my search criteria to a designated email to keep the search query active until the infor- 3 mation is no longer needed and the user removes the alert. Alerts can also be used to keep track of cases that are settled to see when they are cited by other cases by creating a search using the case name and then selecting Add Alert. Smarter tools and quicker speed ensures that Fastcase remains a valued member benefit. Please call 404-526-8614 or contact sheilab@ gabar.org with any questions or for help with your research.

Sheila Baldwin is the member benefits coordinator of the Fastcase training classes are offered four times a month at the State State Bar of Georgia Bar of Georgia in Atlanta for Bar members and their staff. Training and can be reached at is available at other locations and in various formats and will be [email protected]. listed on the calendar at www.gabar.org. Please call 404-526-8618 to request onsite classes for local and specialty bar associations. August 2014 67 Writing Matters

2 + 2 = Henceforth, the Fourth Integer from Zero, Notwithstanding Other Interpretations by Bryan O. Babcock

ath is a lawyer’s worst enemy. We

try our best to avoid it by declar- Ming, “I didn’t go to law school to do math.” Unfortunately, mathematical formulas and numeric ranges often appear in contracts—specifying how amounts should be categorized and calculated.

Profit or loss allocations, funding of marital or charitable trusts, company distributions, royalties and bonuses all require mathematical formulas outlined in contract provisions. Properly drafting these provisions provide clear instructions within the contracts. Writing formulas and numerical ranges is an area of drafting in which Did you notice in the title of this article that the many attorneys are most afraid, and least prepared. answer to the problem could be two different numbers? The fourth integer from zero could be either 4 This installment of “Writing Matters” provides not only or -4. Following the written description of the answer to the problem, then, 2 + 2 = -4 is a correct answer. A helpful examples for drafting mathematical formulas lawyer can make this mistake easily without precise language. A simple fix to the title is to change “Fourth and numerical ranges within legal documents, but also Integer” to “Fourth Positive Integer.” When drafting formulas or other provisions involving numbers, a advice for drafting clear and precise provisions. lawyer should always do the following:

68 Georgia Bar Journal n isolate each mathematical step; n ensure terms are defined precisely; n clearly state how and when things are being LAWYER ASSISTANCE measured. PROGRAM In following these guidelines, you can avoid ambig- uous, or incorrect, formulaic and numerical results from poorly drafted contract provisions. Isolate Each Mathematical Step Suppose you are drafting a purchase agreement for a client. The purchase price is $250,000. The seller would also like to be reimbursed for 80 percent of his costs Stress, life challenges to deliver the product (such as transportation costs) that exceed $8,000. Late delivery will be penalized—1 or substance abuse? percent of the total purchase price subtracted for each day after April 15 that delivery isn’t made. In order to isolate the mathematical steps, write these provisions in a mathematical formula, using the symbols “P” for the purchase price, “C” for the delivery costs and “L” for each day that delivery is late: We can P = ($250,000 + (.80 x (C - $8,000))) x ((100 – L) / 100) Once you have checked your math to ensure the help. formula would result in a correct amount, it is time to draft the formula with words: The Lawyer Assistance Program is a “Purchase Price” means (a) $250,000 plus 80 percent free program providing confidential of the amount (if any) by which the delivery costs assistance to Bar members whose exceed $8,000, multiplied by (b) a fraction no less than zero, the numerator of which is 100 minus the personal problems may be interfering number of days (if any) after April 15, 2014, that with their ability to practice law. delivery is not completed, and the denominator of which is 100. Ensure Terms are Defined Precisely It is important to ensure that any terms used in a formula or range have been defined in such a way that it precisely identifies the information you are using. Review this purchase option provision:

Company may not exercise the Purchase Option at any time that its total debt exceeds 70 percent of its total capitalization.

There is ambiguity in the terms “total debt” and “total capitalization.” Does debt include notes payable to shareholders, or short-term loans which will be paid off within the year? Does capitalization refer only to retained earnings? Assuming debt is all liabilities, and capitalization represents all assets and liabilities, combined: Confidential Hotline Company may not exercise the Purchase Option at any time (as set forth on its most recent balance sheet) that its B exceeds 70 percent of the sum of its “Total 800-327-9631 Assets” and “Total Liabilities.”

August 2014 69 Clearly State How and this provision would be precisely on knowledge of a particular When Things are Being expressed as: industry, verify your provision with an expert in that indus- Measured The Company shall not permit try (e.g., time measurements for You must be clear on the process Consolidated EBITDA for any balance sheet items is based on or timing of your mathematical or period set forth below to be less a date while time measurements numerical provisions. Consider an than the amount set forth next to for income statement items are imprecise example: such period: based on a period). Concordance is key. In many instances your The Company shall not permit Fiscal Year Ending Amount formula or numeric provision Consolidated EBITDA on any will be dependent on prior or Dec. 31, 2014 $4,500,000 date set forth below to be less subsequent provisions within than the amount set forth next to Dec. 31, 2015 $5,000,000 the writing (e.g., defined terms). such date: Dec. 31, 2016 $6,000,000 Review all provisions to ensure agreement between all terms. Date Amount Here are some additional tips to proofread your formula or Finally, and most importantly: Dec. 31, 2014 $4,500,000 numerical provisions: Dec. 31, 2015 $5,000,000 n Relax; it’s just math. You are Dec. 31, 2016 $6,000,000 n Do the math. Anyone should be a lawyer; therefore, you can able to “do the math.” Your docu- reduce anything to writing— For this provision, a lawyer ment will be read by non-lawyers; even math. Take deep cleans- needs specialized knowledge therefore, you want to ensure that ing breaths. Free your mind. (accounting) to understand the anyone reading the formula or Have an intern write the first drafting mistake. EBITDA (earn- range can clearly understand it draft, and work from there. I ings before interest taxes depre- without paying for additional won’t tell. ciation and amortization) is an billable hours each time it must item reported on an income state- be read. Whether by hand, or Bryan O. Babcock ment. An income statement mea- through Microsoft Excel, anyone practices in the areas sures a period of time, not a spe- should be able to follow your of estate, gift and cific date. This provision would provision precisely and arrive at fiduciary income taxes. be misinterpreted because look- the correct answer. If there is a He currently manages ing at the EBITDA on Dec. 31, mistake in your formula, you will a group of estate tax would be inaccurate. The correct find it and be able to correct it attorneys, advising on technical timing would be the fiscal year before contracts are signed. and procedural issues for estate of the company ending Dec. 31. n Know your audience. For any Therefore, the measurement for provisions that are dependent and gift tax returns. Consumer Pamphlet Series The State Bar of Georgia’s The following pamphlets are available: Consumer Pamphlet Series Advance Directive for Health Care n Auto is available at cost to Bar Accidents n Bankruptcy n Buying a Home n members, non-Bar members Divorce n How to Be a Good Witness n How to Choose a Lawyer n Juror’s Manual n Lawyers and organizations. Pamphlets and Legal Fees n Legal Careers n Legal Rights of are priced cost plus tax and Nursing Home Residents n Patents, Trademarks shipping. Questions? Call and Copyrights n Selecting a Nursing Home n 404-527-8792. Selecting a Personal Care Home n Wills

Visit www.gabar.org for an order form and more information or email [email protected].

70 Georgia Bar Journal “and justice for all” 2014 State Bar Campaign for the Georgia Legal Services Program, Inc.

The Georgia Legal Services Program works to assure that children have access to education. Give Today at www.glsp.org (Click on Donate Now) GLSP lawyers represented two sets of grandparents who tried to enroll their grandchildren in school. The natural parents were no longer in the picture. The school system advised the custodial grandparents that they would need to obtain legal guardianship in order to enroll their grandchildren in school. The cost to obtain a guardianship can be upwards of $1,500, which the grandparents could not pay, due to their limited incomes. GLSP lawyers provided legal assistance in getting the children enrolled with a non-parental affidavit, which Georgia law allows for a third-party who is entitled to enroll a child in school without seeking a guardianship. The grandchildren in both cases were admitted to school successfully!

State Bar of Georgia Georgia Legal Services Program ®

Thank you for your generosity and support. The Georgia Legal Services Program (GLSP) is a 501(c)(3) nonprofit law firm. Gifts to GLSP are tax-deductible to the fullest extent allowed by law. (The client story is used with permission. The photograph and name do not necessarily represent the actual client.)

GLSP July 2014 Bar Journal Ad.indd 1 6/30/14 11:19 AM Professionalism Page

Win an Appeal Without Being a Heel: Appellate Lawyers and Professionalism by Leah Ward Sears and Crystal Conway

uch has changed in private law

practice the last 20 years, not all for M the best. The most alarming change is the unfortunate trend away from professionalism and civility. It’s not hard to notice that lawyers today are too often conducting themselves with less courtesy and good manners than before. This is particularly troubling given that the very foundation of our profession is rooted in our ability to remain civil in the midst of conflict. We are supposed to serve as the beacons of consistent civility, but along the way we’ve dimmed our own light.

While the issue of civility is important in every area of law, it’s of even more consequence in appellate law meritorious reasons for an appeal, abandoning those because appellate lawyers, being a smaller group of that are meritless. As your clients’ representative, litigation specialists, tend to encounter the same law- you’ve got to vigorously defend them, but you should yers and appear in front of the same judges. Essentially never omit important facts that don’t favor your cli- we “run in the same circles.” But even in this practice ents. Nor should you make exaggerated claims. If you area, we aren’t always civil to one another. For exam- make embellished statements, your credibility will be ple, many appellate practitioners file appeals that are called into question, not your client’s. If you leave out obviously frivolous. It’s true that lawyers are obligated pertinent information that is damaging to your client, to vigorously pursue their clients’ wishes, but debas- opposing counsel will almost certainly point that out ing our profession by engaging in frivolity is neither to the court, making you look untrustworthy in the justified nor civil. If you continue an appeal when you jurists’ eyes. Your brief will also lose its value which know your client has no chance of winning, you’ll will set the stage for an oral argument that will have to damage your reputation and waste everybody’s time. overcome the discrepancies. Appellate practice moves It’s also unprofessional to file briefs that aren’t fair fast. Don’t bother putting yourself at the disadvantage or accurate. Lawyers should only argue potentially of making up lost ground.

72 Georgia Bar Journal Sometimes, lawyers take cheap thoughts that are the result of en. Kindness to opposing counsel is shots at the judge or the opposing a thorough, even-tempered and welcome and should also become counsel in their briefs. This isn’t conscientious lawyer. part of your appellate advocacy. civilized or very smart either. While It’s further astonishing how In sum, there are many reasons opposing counsel may sometimes many times during an appellate for today’s decline in civility, includ- make you want to say some not so oral argument lawyers treat the ing increased competition for clients nice words, using them in your brief jurists like their enemies. Truth be as well as the fact that law firms isn’t appropriate. Take the opportu- told, judges don’t want you to fail. operate more like businesses today nity an appeal provides to challenge They just want you to give them then professional associations. The an argument without resorting to the reasons the law says you’re result is that it’s harder for many attacking a person. Besides, judg- right. Choosing to act in an oafish lawyers, appellate and otherwise, to es know that lawyers who engage manner while interacting with the practice law. It’s also the reason that in this type of hyperbole do so bench invites the opportunity for many a lawyer thinks long and hard because they don’t have a winning disaster and detracts from your about leaving for greener pastures. argument for their position. That position. Oftentimes lawyers are Plus, it’s part of the reason that we being said, don’t write disparaging so convinced they will lose their are the subject of such disdain. But remarks in your brief. Instead, focus argument that they take offense remember two things. First, your on winning your arguments with to every question that’s asked. Or credibility is essential to your ability the law and logic. their annoyance is apparent when to practice law, and you must care Professionalism, and even the they lose their stride by being inter- for it as you would care for your higher ethical standards, requires rupted with a question. While a health. Second, you are an officer a lawyer to candidly disclose not lawyer may have a million things of the court and, as such, the justice just the facts, but the cases that running through her mind when system is your main concern. This do not support your position. If presenting her oral argument, it’s means that it must be your top pri- you don’t, you can be assured best to remember that a judge may ority to perform your duties to the that opposing counsel will bring be questioning you to lob you a best of your ability without forget- the missing law to the attention softball or clarify a point that he ting that you should always do unto of the court. Wouldn’t you? Many can’t figure out. The judge may others as you would have them lawyers have been sanctioned for actually be on your side. Whatever do unto you. Because your reputa- failing to disclose adverse cases the reason for the questioning, tion will precede you, be sure it’s a which have sometimes resulted in rudely answering or not answer- good one. very public embarrassment. ing at all will only divert attention Oral argument also offers law- from any argument you make and Former Chief Justice yers an opportunity to act in an cast you as being immature. Leah Ward Sears is a uncivilized manner, but you must Experience shows that the oppor- partner in the Atlanta avoid it. This doesn’t mean that tunity for abuse at the appellate office of Schiff Hardin you have to shy away from a level presents itself most often dur- LLP and leader of the fight. Your clients want you to ing the motion for rehearing. Don’t firm’s appellate fight to the bitter end, but you forget, the sole point of a rehearing have to know the limits. You can’t is to inform the court of any facts services team. After serving 17 allow your clients’ emotions to or rules of law that were neglected years on the Supreme Court of guide how you practice law. It’s during previous proceedings. It is Georgia, she is uniquely qualified understandable that they may be not the time to introduce new argu- as an appellate specialist and is upset because they won at the trial ments not mentioned in the briefs consistently called on for her level and feel that it all should have or express your disgust with either perspective and expertise. ended there; or they may have lost the judges or their written opinion. at the trial level and believe they Thinking that it’s fine to sneak in Crystal Conway is an were wronged. However, judg- everything you overlooked or for- attorney in the es are expecting you to present got when doing your appeal is not Atlanta office of valid arguments in a profession- proper. It also makes you appear Schiff Hardin LLP on al and courteous manner. They like you were unprepared the first the appellate services do not appreciate attorneys who time around. act as if they are on reality TV. Also, when in court, no cell team. She is very Nor do judges appreciate the lack phones, no head shaking, no grunt- active in the State Bar of of effort put into just giving a ing or noisemaking or other expres- Georgia, serving as 2013-14 recitation of your brief. In the sions of disagreement, dismay or newsletter co-editor of The YLD appellate arena, those who do best displeasure designed to denigrate Review and also participating in present polished, well-reasoned the other side should be undertak- many State Bar committees.

August 2014 73 In Memoriam

n Memoriam honors those members of the State Bar of Georgia who have passed away. As we reflect upon the memory of these members, we are mindful of the contributions they I made to the Bar. Each generation of lawyers is indebted to the one that precedes it. Each of us is the recipient of the benefits of the learning, dedication, zeal and standard of professional responsibility that those who have gone before us have contributed to the practice of law. We are saddened that they are no longer in our midst, but privileged to have known them and to have shared their friendship over the years.

Harold E. Abrams George W. Fryhofer Virginia L. Looney Atlanta, Ga. Waynesboro, Ga. Atlanta, Ga. Harvard University Law School Emory University School of Law University of Georgia School (1957) (1950) of Law (1985) Admitted 1957 Admitted 1950 Admitted 1986 Died June 2014 Died June 2014 Died June 2014

Jesse E. Barrow III James W. Head Jud E. McNatt Marietta, Ga. Savannah, Ga. Woodstock, Ga. University of Georgia School Emory University School of Law Duke University School of Law of Law (1985) (1952) (1977) Admitted 1986 Admitted 1952 Admitted 1977 Died May 2014 Died June 2014 Died May 2014

J. Michael Carpenter Earl L. Hickman Julie Ann Minor Macon, Ga. Jasper, Ga. Chicago, Ill. Samford University Cumberland University of Georgia School University of Georgia School School of Law (1976) of Law (1957) of Law (1995) Admitted 1976 Admitted 1958 Admitted 1996 Died May 2014 Died May 2014 Died June 2014

Aubrey L. Coleman Jr. Victoria Jo Hoffman E. Wycliffe Orr Sr. Atlanta, Ga. Roswell, Ga. Gainesville, Ga. Vanderbilt University Law School Emory University School of Law University of Tennessee College (1967) (1981) of Law (1970) Admitted 1970 Admitted 1981 Admitted 1971 Died May 2014 Died May 2014 Died May 2014

Scott William Dawkins R. Hopkins Kidd Alice Willingham Robertson Atlanta, Ga. Snellville, Ga. Columbus, Ga. Emory University School of Law University of Georgia School Private Study of Law (2004) of Law (1949) Admitted 1956 Admitted 2005 Admitted 1950 Died May 2014 Died May 2014 Died June 2014

74 Georgia Bar Journal William F. Rucker William S. Shelfer Jr. Robert Charles Ward Jr. Decatur, Ga. Decatur, Ga. Montgomery, Ala. Emory University School of Law Duke University School of Law University of Alabama School (1978) (1967) of Law (1989) Admitted 1978 Admitted 1967 Admitted 2004 Died June 2014 Died April 2014 Died April 2014

Carter A. Setliff Paul Lefeyette Styles Jr. Conyers, Ga. Sioux Falls, S.D. Woodrow Wilson College of Law University of Alabama School (1965) of Law (1968) Admitted 1965 Admitted 1988 Died June 2014 Died January 2014

ATTORNEY COACHES ARE NEEDED FOR HIGH SCHOOL TEAMS THROUGHOUT GEORGIA Serve as a mentor to a team in your area and make a positive impact in your community. CLE credit is available for coaching a mock trial team! For more information on coaching a team, contact the mock trial office before September 30 at 404-527-8779 | 800-334-6865 ext. 779 or [email protected] | www.georgiamocktrial.org Volunteer forms and a list of teams statewide who are in need of coaching assistance may be found under the Volunteer section of the mock trial website.

MT_Aug14.indd 1 7/29/2014 12:39:05 PM

August 2014 75 CLE Calendar

August - September AUG 8 ICLE SEPT 4 ICLE 8th Annual Arbitration Institute Business Immigration Law Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

AUG 14 ICLE SEPT 4 ICLE Solo Small Firm Summer Seminar Trial of Leo Frank Atlanta, Ga. Atlanta, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 3 CLE

AUG 19 ICLE SEPT 5 ICLE August Group Mentoring Secrets to a Successful Personal Injury Atlanta, Savannah and Tifton, Ga. Practice See www.iclega.org for location Atlanta, Ga. No CLE See www.iclega.org for location 6 CLE AUG 20 ICLE YLD Family Law Seminar SEPT 5 ICLE Atlanta, Ga. Class Actions See www.iclega.org for location Atlanta, Ga. 3 CLE See www.iclega.org for location 6 CLE AUG 22 ICLE Contract Litigation SEPT 11 ICLE Atlanta, Ga. Inside The Courtroom: Trial of a Personal See www.iclega.org for location Injury Case 6 CLE Atlanta, Ga. See www.iclega.org for location AUG 22 ICLE 6 CLE Nuts and Bolts of Family Law Savannah, Ga. SEPT 11-12 ICLE See www.iclega.org for location 61st Institute for City/County Attorneys 6 CLE Athens, Ga. See www.iclega.org for location AUG 29-30 ICLE 12 CLE 25th Annual Urgent Legal Matters St. Simons Island, Ga. SEPT 12 ICLE See www.iclega.org for location Title Standards 12 CLE Atlanta, Ga. See www.iclega.org for location 6 CLE

Note: To verify a course that you do not see listed, please call the CLE Department at 404-527-8710. Also, ICLE seminars only list total CLE hours. For a breakdown, call 800-422-0893.

76 Georgia Bar Journal CLE Calendar

SEPT 12 ICLE SEPT 19 ICLE Growth Companies: Legal and Business Social Media & the Law: From the Source Considerations Atlanta, Savannah and Tifton, Ga. Atlanta, Savannah and Tifton, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE SEPT 19-20 ICLE SEPT 18 ICLE 20th Annual Intellectual Property Punitive Damages Institute Atlanta, Ga. Amelia Island, Fla. See www.iclega.org for location See www.iclega.org for location 6 CLE 8 CLE

SEPT 18 ICLE SEPT 26 ICLE Making Your Case with a Better Memory Professionalism, Ethics & Malpractice Atlanta, Ga. Kennesaw, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 3 CLE

SEPT 19 ICLE Trial Evidence: Artistry & Advocacy SEPT 26 ICLE in the Courtroom Georgia Law of Torts Atlanta, Ga. Macon, Ga. See www.iclega.org for location See www.iclega.org for location 6 CLE 6 CLE

The Georgia Bar Journal is available online at www.gabar.org.

n Search the Georgia Bar Journal in its entirety by keywords. n Access all the information of the printed edition electronically. n Add “sticky notes” and “favorite” tabs to the copy you access. n Share the entire Journal or specific pages of the Journal with your colleagues by sending an email or posting it on social networking sites. n Link directly to advertisers within each issue. Try it now! www.gabar.org/newsandpublications/ georgiabarjournal/

August 2014 77 Notice

Notice of and Opportunity for Comment on Amendments to the Rules of the U.S. Court of Appeals for the Eleventh Circuit

Pursuant to 28 U.S.C. § 2071(b), notice and opportu- website at www.ca11.uscourts.gov. A copy may also nity for comment is hereby given of proposed amend- be obtained without charge from the Office of the ments to the Rules of the U.S. Court of Appeals for the Clerk, U.S. Court of Appeals for the Eleventh Circuit, Eleventh Circuit. 56 Forsyth St. NW, Atlanta, Georgia 30303 [phone: 404- 335-6100]. Comments on the proposed amendments A copy of the proposed amendments may be may be submitted in writing to the Clerk at the above obtained on and after Aug. 1, 2014, from the court’s address by Sept. 5, 2014.

Share Ideas! Join a Section Online. Log in to your account at www.gabar.org and ETHICS DILEMMA? select “Join a Section” Lawyers who would like to discuss an ethics dilemma with or simply check the box a member of the Office of the General Counsel staff should on your dues notice contact the Ethics Helpline at 404-527-8741, 800-682-9806 or log in to www.gabar.org and submit your question by email. and add the payment to your remittance

78 Georgia Bar Journal Classified Resources

Property/Rentals/Office Space Examiners. Former Chief, Questioned Documents, SANDY SPRINGS COMMERCE BUILDING, 333 U.S. Army Crime Laboratory. Member, American Sandy Springs Cir. N.E., Atlanta, GA 30328. Contact Society of Questioned Document Examiners and Ron Winston—(w) 404-256-3871; (email) rnwlaw@ American Academy of Forensic Sciences. Farrell gmail.com; Full service, high-quality tenants (includ- Shiver, Shiver & Nelson Document Investigation ing many small law practices), great location, well- Laboratory, 1903 Lilac Ridge Drive, Woodstock, GA maintained. Misc. small office suites available; Rental 30189, 770-517-6008. and term negotiable. Crisis Management: I assist the legal team by pro- Sandy Springs Law Building for Sale. Beautifully viding investigative accounting services, analysis furnished 6579 square foot law building for sale and documentation, implementation of strategy and including: two beautiful and spacious conference other accounting and financial management assis- rooms; law library; two private entrances and recep- tance due to disaster, sudden death of an owner or tion areas; abundant free parking; two file/work key employee, fraud, regulatory issues, legal matters. rooms; storage room; break room adjacent to kitchen; Greg DeFoor, CPA, CFE | 678-644-5983 | gdefoor@ security system. This brick law building overlooks defoorservices.com. a pond and is in a great location directly across the street from the North Springs MARTA Station; easy New York & New Jersey Transactions and Litigation. access to I-285 and GA 400; and close to Perimeter Georgia bar member practicing in Manhattan and Mall, hotels, restaurants, hospitals, etc. Call 770-396- New Jersey can help you with your corporate transac- 3200 x24 for more information. tions and litigation in state and federal courts. Contact E. David Smith, Esq., 570 Lexington Avenue, 23rd Shared conference room in Midtown Atlanta law firm. Floor, New York, New York 10022; 212-661-7010; $250/month. Receptionist, phone/internet, mail, copy/ [email protected]. print, parking optional w/additional fees. Attorney would like to split usage of a second floor 225 sq. Estate Resources, LLC, offers Full Featured Business ft. Conference room with two attorneys. Overlooks Directory Listings and Display Advertising on our Midtown office towers and Atlantic Station. Call 404- website attracting potential clients who are involved 766-8002 or email [email protected]. with estate/probate/trust planning and management at http://www.estateresources.net. Contact us at info@ OFFICE SPACE—Class A office space for one or estateresources.net for discounts available to members two attorneys, window offices with two other law- of the State Bar of Georgia. yers in Park Central building, 2970 Clairmont Road, near I-85. Includes conference room, phone/internet, copy/fax/scan, secretarial space, $1,200 to $1,500 per month. Call Salu Kunnatha at 404-633-4200 or email: [email protected].

Seasoned bankruptcy attorney with suite of offices in Sandy Springs has two adjacent window offices ADVERTISE available for sublet. Separate entrance if desired. All amenities available: reception, conference, phone lines, internet, copier/scanner, desk/credenza, free parking. Networked EZFiling bankruptcy software. Contact Contact Jennifer Mason Dan at [email protected] for more info. at 404-527-8761 or Practice Assistance Handwriting Expert/Forensic Document Examiner. [email protected]. Certified by the American Board of Forensic Document

August 2014 79 GET PUBLISHED

EARN CLE CREDIT The Editorial Board of the Georgia Bar Journal is in regular need of scholarly legal articles to print in the Journal. Earn CLE credit, see your name in print and help the legal community by submitting an article today!*

Submit articles to Sarah I. Coole, Director of Communications, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 or [email protected]. If you have additional questions, you may call 404-527-8791.

*Not all submitted articles are deemed appropriate for the Journal. The Editorial Board will review all submissions and decide on publication. THE SCENIC ROUTE IS ENJOYABLE BUT NOT IF YOU’RE PRESSED FOR TIME.

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Position Wanted Personal Injury Attorney—Well-established, successful Atlanta plaintiff’s firm seeking personal injury attorney. Excellent financial opportunity. Collegial, Pro Bono professional environment. Great support. Send resume to: GBJ at [email protected]. on the go! Brennan, Wasden & Painter LLC is seeking attorneys with 3+ years of experience to assist with its professional liability and business litigation practice groups in both the Savannah and Augusta offices. Those with deposition and courtroom experience will receive pref- erence. Georgia Bar required. Please submit a cover letter and resume to Wiley Wasden III at wwasden@ brennanwasden.com. Training VETERANS’ ADVOCATES EXPAND YOUR PRACTICE! National Organization of Veterans’ Advocates, Inc., is the unparalleled leader in training veterans’ advocated. Attend our upcoming seminar in Orlando, FL, on Sept. 18-20, 2014. Learn the latest developments and techniques, and earn CLE credits from the experts who practice in this field. For more details contact Casey Guillory at [email protected].

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80 Georgia Bar Journal