December 2017 Volume 23, Number 4

From the BAR Executive Director— Ways to Give of Yourself During the Season of Giving

2018 Legislative JOURNAL Preview Tips for Practice Management Success in 2018

A Conversation with Randy Evans

THE LEGAL The Municipalization of Urban Counties in Georgia THE STATE BAR OF GEORGIA ANNOUNCES ITS ANNUAL FICTION WRITING COMPETITION DEADLINE: JANUARY 12, 2018

The Editorial Board of the Georgia Bar Journal isis pleasedpleased toto announceannounce thatthat itit willwill sponsorsponsor itsits Annualannual Fiction Writing Contest in accordance with the rules set forth below. The purposes of this competition are to enhance interest in the Journal, to encourage excellence in writing by members of the Bar and to provide an innovative vehicle for the illustration of the life and work of lawyers. For more information, contact Sarah I. Coole, Director of Communications, 404-527-8791 or [email protected].

1. The competition is open to any member in good 4. Articles should not be more than 7,500 words in standing of the State Bar of Georgia, except length and should be submitted electronically. current members of the Editorial Board. Authors 5. Articles will be judged without knowledge of the may collaborate, but only one submission from author’s identity. The author’s name and State Bar each member will be considered. ID number should be placed on a separate cover 2. Subject to thethe followingfollowing criteria, criteria, the the article article may may sheet with the name of the story. be on any fictional topictopic and and may may be be in in any any form form 6. All submissions must be received at State Bar (humorous, anecdotal,anecdotal, mystery, mystery, science science fiction, fiction, headquarters in proper form prior to the close etc.). Among thethe criteriacriteria the the Board Board will will consider consider of business on a date specified by the Board. in judging thethe articlesarticles submitted submitted are: are: quality quality of of Submissions received after that date and time will writing; creativity; degree degree of of interest interest to to lawyers lawyers not be considered. Please direct all submissions and relevance toto theirtheir life life and and work; work; extent extent to to to: Sarah I. Coole, Director of Communications, by which the article comportscomports with with the the established established Journal email to [email protected]. If you do not receive reputation ofof thethe Journal;; and and adherence adherence to confirmation that your entry has been received, tospecified specified limitations limitations on on length length and and other other please call 404-527-8791. competition requirements.requirements. The The Board Board will will not not consider anyany articlearticle that, that, in in the the sole sole judgment judgment of of 7. Depending on the number of submissions, the Board the Board, containscontains mattermatter that that is is libelous libelous or or that that may elect to solicit outside assistance in reviewing violates accepted communitycommunity standards standards of of good good the articles. The final decision, however, will be taste and decency.decency. made by majority vote of the Board. Contestants will be advised of the results of the competition by 3. All articles submitted to the competition become letter. Honorable mentions may be announced. the property of the State Bar of Georgia and, by submitting the article, the author warrants that 8. The winning article, ifif any, any, will will be be published. published. all persons and events contained in the article are The Board reserves thethe right right to to edit edit articles articles and and fictitious, that any similarity to actual persons or to select nono winnerwinner andand to to publish publish no no article article from events is purely coincidental and that the article fromamong among those submittedthose submitted if the submissionsif the submissions are has not been previously published. aredeemed deemed by the by Boardthe Board not tonot be to of be notable of notable quality. quality. ADMINISTERED BY: Lawyers Professional Liability

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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. DECEMBER 2017

HEADQUARTERS COASTAL GEORGIA OFFICE SOUTH GEORGIA OFFICE 104 Marietta St. NW, Suite 100 18 E. Bay St. 244 E. Second St. (31794) Atlanta, GA 30303 Savannah, GA 31401-1225 P.O. Box 1390 800-334-6865 | 404-527-8700 877-239-9910 | 912-239-9910 Tifton, GA 31793-1390 Fax 404-527-8717 Fax 912-239-9970 800-330-0446 | 229-387-0446 www.gabar.org Fax 229-382-7435

EDITORIAL OFFICERS OF THE QUICK DIAL MANUSCRIPT SUBMISSION BOARD STATE BAR OF GEORGIA ATTORNEY DISCIPLINE The Georgia Bar Journal welcomes the submission of EDITOR-IN-CHIEF PRESIDENT 800-334-6865 ext. 720 unsolicited legal manuscripts on topics of interest Bridgette E. Eckerson Brian D. “Buck” Rogers 404-527-8720 to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be MEMBERS PRESIDENT-ELECT CONSUMER ASSISTANCE PROGRAM 10 to 12 pages, double-spaced (including endnotes) Donald P. Boyle Jr. Kenneth B. “Ken” Hodges III 404-527-8759 and on letter-size paper. Citations should conform J. Kyle Brooks TREASURER CONFERENCE ROOM RESERVATIONS to A UNIFORM SYSTEM OF CITATION (19th ed. Rickie Lee Brown Jr. Darrell L. Sutton 404-419-0155 2010). Please address unsolicited articles to: Bridgette Jacqueline F. Bunn Eckerson, State Bar of Georgia, Communications John Clay Bush SECRETARY FEE ARBITRATION Department, 104 Marietta St. NW, Suite 100, Atlanta, Timothy J. Colletti Dawn M. Jones 404-527-8750 GA 30303. Authors will be notified of the Editorial Jacob E. Daly IMMEDIATE PAST PRESIDENT CLE TRANSCRIPTS Board’s decision regarding publication. Jake Evans Patrick T. O’Connor 404-527-8710 Lynn Gavin The Georgia Bar Journal welcomes the submission Chad Henderson YLD PRESIDENT DIVERSITY PROGRAM of news about local and voluntary bar association Michelle J. Hirsch Nicole C. Leet 404-527-8754 happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news Eric Hooper YLD PRESIDENT-ELECT ETHICS HELPLINE releases and other information to: Sarah I. Coole, Amber L. Nickell Rizza P. O’Connor 800-682-9806 Director of Communications, 104 Marietta St. NW, Kevin Patrick 404-527-8741 Kristin M.S. Poland YLD IMMEDIATE PAST PRESIDENT Suite 100, Atlanta, GA 30303; 404-527-8791; Pamela Y. White-Colbert Jennifer C. Mock GEORGIA BAR FOUNDATION/IOLTA [email protected]. Mark W. Wortham 404-588-2240 DISABILITIES COMMUNICATIONS GEORGIA BAR JOURNAL If you have a disability which requires printed COMMITTEE 404-527-8791 EDITORS EMERITUS materials in alternate formats, please call 404-526- CO-CHAIR GOVERNMENTAL AFFAIRS 8627 for assistance. Timothy J. Colletti (2015-17) Peter C. Canfield 404-526-8608 Bridgette E. Eckerson (2012-15) PUBLISHER’S STATEMENT Robert R. Stubbs (2010-12) CO-CHAIR ICLE Donald P. Boyle Jr. (2007-10) Sonjui L. Kumar 678-529-6688 The Georgia Bar Journal (ISSN-1085-1437) is published Marcus D. Liner (2004-07) LAWYER ASSISTANCE PROGRAM six times per year (February, April, June, August, Rebecca Ann Hoelting (2002-04) October, December) with a special issue in November COMMUNICATIONS 800-327-9631 Marisa Anne Pagnattaro (2001-02) by the State Bar of Georgia, 104 Marietta St. NW, DEPARTMENT D. Scott Murray (2000-01) LAW PRACTICE MANAGEMENT Suite 100, Atlanta, GA 30303. Copyright State Bar of William Wall Sapp (1999-00) DIRECTOR 404-527-8773 Georgia 2017. One copy of each issue is furnished to Theodore H. Davis Jr. (1997-99) Sarah I. Coole LAW-RELATED EDUCATION members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals L. Brett Lockwood (1995-97) ASSISTANT DIRECTOR 404-527-8785 postage paid in Atlanta, Ga., and additional mailing Stephanie B. Manis (1993-95) Jennifer R. Mason William L. Bost Jr. (1991-93) MEMBERSHIP offices. Advertising rate card will be furnished upon Charles R. Adams III (1989-91) COMMUNICATIONS COORDINATOR 404-527-8777 request. Publishing of an advertisement does not L. Dale Owens (1987-89) Stephanie J. Wilson MEETINGS INFORMATION imply endorsement of any product or service offered. Donna G. Barwick (1986-87) ADMINISTRATIVE ASSISTANT 404-527-8790 POSTMASTER: Send address changes to same address. James C. Gaulden Jr. (1985-86) M. Lane Sosebee Jerry B. Blackstock (1984-85) PRO BONO RESOURCE CENTER Steven M. Collins (1982-84) 404-527-8763 Walter M. Grant (1979-82) PROFESSIONALISM Stephen E. Raville (1977-79) 404-225-5040 SECTIONS 404-527-8774 The opinions expressed in the Georgia Bar TRANSITION INTO LAW PRACTICE Journal are those of the authors. The views 404-527-8704 expressed herein are not necessarily those of the UNLICENSED PRACTICE OF LAW State Bar of Georgia, its Board of Governors or 404-527-8743 its Executive Committee. YOUNG LAWYERS DIVISION 404-527-8778

2 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL December 2017 | Volume 23 | Number 4

GBJ | The Features

24 Trade Secrets and Proprietary Protection STEVEN D. GINSBURG

28 Atlanta Attorneys Bring Home Federal Bar Association’s Annual Meeting and Convention STACY KING

30 2018 Legislative Preview CHRISTINE BUTCHER HAYES

32 Georgia High School Mock Trial Competition: Your Involvement Today Will Change a Life Tomorrow MICHAEL NIXON GETTYIMAGES.COM/FILO

THE MUNICIPALIZATION The OF URBAN COUNTIES IN GEORGIA / 18 Legal James V. Burgess Jr.

2017 DECEMBER 3 58

GETTYIMAGES.COM/WIGGLESTICK

GBJ | In Every Issue 36 Georgia Lawyer Spotlight 53 Pro Bono Star Story A Conversation with Mike Money 5 Editor’s Letter Randy Evans Jake Evans 6 From the President 56 Member Benefits 10 From the YLD President Fastcase 7: 13 Know Your Bar 44 Office of the General Counsel Checking Your Citations File. What File? Sheila Baldwin 14 From the Executive Paula Frederick Director 38 Bench & Bar 58 Writing Matters 50 Law Practice Management Augmenting Your Research, 45 Attorney Discipline Tips for Practice Management Writing and Editing With 48 Legal Tech Tips Success in 2018 Artificial Intelligence 62 In Memoriam Natalie R. Kelly Karen J. Sneddon and David Hricik 64 Book Review 66 CLE Calendar 52 Pro Bono 60 Professionalism Page Service to the Community, 69 Notices Educational Interventions a Gift to the Profession to Cultivate Professional 71 Classified Resources Mike Monahan Identity in Law Students: 17th 72 Advertisers Index Annual Georgia Symposium on Professionalism and Ethics Prof. Patrick E. Longan

4 GEORGIA BAR JOURNAL EDITOR’S LETTER

The December Issue

December 2017 Volume 23, Number 4

From the GEORGIA BAR Executive Director— Ways to Give of Yourself During the Season of Giving

2018 Legislative JOURNAL Preview the YLD Pro Bono Challenge of complet- Tips for Practice Management Success In this hectic time of year, while we in 2018 A Conversation with are all busy planning and attending holiday ing at least 50 pro bono hours this year!). Randy Evans gatherings, shopping for gifts and deck- There are so many resources throughout the ing the halls, we are also looking for ways state of Georgia for those who are looking to give to our communities. Giving is not for pro bono options. Georgia participates just one more item on the to-do list; it is in the ABA’s Free Legal Answers program, the essence of the holidays. Lawyers have an online service that allows qualified at- THE LEGAL The Municipalization a special responsibility to give of their par- torney volunteers to answer questions of of Urban Counties in Georgia ticular skills and talents in ways that only their choice on non-criminal legal matters.

1217GBJ_Cover.indd 1 11/29/2017 3:20:53 PM lawyers are qualified to do. Look no further GeorgiaAdvocates.org, a joint project of the ON THE COVER than “Ways to Give of Yourself During the Georgia Legal Services Program and the GETTYIMAGES.COM/FILO Season of Giving” by the executive director Atlanta Legal Aid Society, provides a com- of the State Bar, which outlines several op- prehensive list of pro bono opportunities tions for lawyers to contribute financially throughout Georgia. In short, no matter or to volunteer with their time. Charitable your particular skill, interest or time com- giving is common at year-end, and is gener- mitment, there are many ways to contribute. ally a convenient choice when everyone is Georgia’s lawyers continue to pro- VISIT so busy. Giving of ourselves and our time vide us with excellent content. Our legal gabar.org engages us directly with those we seek to article, “The Municipalization of Urban help and shows that we, as lawyers, are a Counties in Georgia” by James V. Burgess VIEW ONLINE tangible, integral part of our community. Jr., explains why Georgia’s system of local www.gabar.org/ The previous edition of the Georgia Bar is unique, and why many ur- newsandpublications/ georgiabarjournal/ Journal detailed the Lawyers Helping Law- ban county are now taking yers Program, and in this edition you can on what were previously functions of city FOLLOW read about the work of the iCivics Commit- governments. Our feature article, “Trade Twitter tee of the State Bar of Georgia. This edition Secrets and Proprietary Protection” by Ste- @StateBarofGA @GeorgiaYLD also features an article on the Georgia High ven D. Ginsburg, outlines how to protect @iclega School Mock Trial Competition, which is and manage a company’s confidential and Facebook always in need of volunteers as attorney proprietary information. /statebarofgeorgia coaches, judges and regional coordinators. The end of the year also brings with it the /GeorgiaYLD /iclega The YLD president also writes about ad- deadline to complete CLE hours, so check Youtube vancements in technology for those who are out the list of CLE courses offered through /StateBarofGeorgia looking for pro bono opportunities (particu- the end of the year. Happy Holidays! l Flickr larly for those attorneys who want to meet /statebarofgeorgia /yld Instagram @statebarofga

BRIDGETTE E. ECKERSON LinkedIn Editor-in-Chief, Georgia Bar Journal /state-bar-of-georgia [email protected]

2017 DECEMBER 5 GBJ | From the President

Committees: Unsung Heroes of the State Bar

One of the most popular and acclaimed offensive linemen whose blocks in the motion pictures last year was “Hidden trenches protect the passer and clear the Figures,” the true story of three African- way for the runner. American women who worked as math- As Paul Martin wrote for the Huff- ematicians at NASA in the early days of ington Post, “Not all heroes appear in the the U.S. space program. standard history texts. Their achieve- The movie, which received three ments aren’t celebrated like the monu- Academy Award nominations includ- mental exploits of presidents, generals ing one for Best Picture, focuses on the and founding fathers. But for as long as women’s skilled trajectory calculations this nation has existed, ordinary citizens BRIAN D. “BUCK” in preparation for and during astronaut have done extraordinary things.” He goes ROGERS John Glenn’s historic mission to orbit on to spotlight some “overlooked Ameri- Earth in 1962. Not completely trusting cans who displayed an outsize measure of the calculations of a new NASA com- courage and determination.” President puter, Glenn insisted that engineers “get I am here to tell you that the State Bar State Bar of Georgia the girl (Katherine Johnson) to check the of Georgia also has its share of unsung he- [email protected] numbers . . . If she says the numbers are roes. The officers, Executive Committee good . . . I’m ready to go.” and Board of Governors are identified as Johnson, Dorothy Vaughn and Mary the “leaders” of the Bar, but make no mis- Jackson were among the unsung heroes take: the work of an organization like this of America’s pioneering foray into space. cannot get done without the consistent Only since the publication of Margot Lee support, ideas and hard work of a large Shetterley’s book “Hidden Figures” and number of our rank-and-file members. subsequent movie release are they receiv- Much of the State Bar’s work toward ing the recognition they deserve. our mission of fostering among our mem- On the football field, it is the quarter- bers the principles of duty and service to backs, running backs and wide receivers the public, improving the administration who get all of the fame and fortune for of justice and advancing the science of passing and carrying the ball over the goal law takes place at the committee level. line for touchdowns. But they are only as Perhaps you have heard that “it takes a good as their teams’ unsung heroes—the village to raise a child.” Well, it takes an

6 GEORGIA BAR JOURNAL increasingly larger village to run a State Bar of nearly 50,000 members. OFFICERS’ BLOCK We currently have 47 standing, special In this issue of the Georgia Bar Journal, we asked our State Bar of and program committees. The names of Georgia officers, “How do you cope with work/life challenges faced by 938 Georgia lawyers and judges, as well lawyers, especially during this busy time of year?” as a handful of lay members on certain committees, appear on their rosters. This is in addition to the 160 members of the Board of Governors and 14 Bar officers, YLD officers and elected members of the BRIAN D. “BUCK” ROGERS Executive Committee. President The volume of work performed by the Work-life balance is a difficult challenge, especially Bar members who volunteer their time for our profession. I try to get as much work done as to the cause of serving the profession and I can by the end of the year, get in a workout a couple the justice system is enormous, as is the of times a week, spend time with family when they spectrum of services covered by such a are available and enjoy holiday cheer with friends, but large network of committees. Therefore, send regrets when the schedule gets too hectic. unless you are on the Board of Governors and have regular access to the reports of KENNETH B. “KEN” HODGES III each committee, it is impossible to fully President-Elect appreciate the workload that goes on be- hind the scenes throughout the year. Both Melissa and I have demanding jobs so we Each year, new members and officers calendar time to spend together (unplugged from electronics!) and enjoy doing outdoor activities are appointed to each committee in accor- with Margaret and Jack. We have family dinner time dance with the Bar’s bylaws. These are of- without TV and follow that with games and bedtime ten reappointments as veteran committee stories. For more ideas visit LawyersLivingWell.org. members agree to continue serving and sharing their institutional knowledge and DARRELL L. SUTTON expertise in particular work areas. Many Treasurer Bar members (too exhaustive a list to in- clude all in a single article) have served First, ensure that those who rely upon you (family, on the same committee for 10, 15, 20 friends, clients, coworkers, bosses, employees) know or more consecutive years because they what they can expect from you. Second, calendar, know how important the work is to the calendar, calendar. Third, be sure to set aside time for Bar’s overall mission. those who rely upon you, as well as yourself, and then use that time for its intended purpose. Mercer University Law Prof. Patrick E. Longan, who has served as an advisor to the Professionalism Committee for DAWN M. JONES more than a decade, says being a part of Secretary “the modern professionalism movement” Planning ahead is key when managing a load of within the legal profession has been a re- active cases, trial work, bar meetings and holiday warding experience. “In my early years of preparations. I also ensure that time spent with family practice over 30 years ago, I encountered and friends takes priority. quite a bit of unprofessional conduct. It was all around me, and I assumed that was just the way of the ‘real world.’ No one talked about professionalism. I found the experience profoundly distressing PATRICK T. O’CONNOR and confusing. Times have changed, and Immediate Past President now groups such as the State Bar Profes- Careful planning is always important, but during busy sionalism Committee exist to promote times it is critical. The ability to say “no” also helps! professionalism among lawyers and law students. It is now generally recognized that professionalism is essential to fulfill- ing our duties as lawyers and to our well-

2017 DECEMBER 7 being and satisfaction in our work. Those years ago at a time when opportunities are huge steps in the right direction.” for diverse candidates were very few,” he The professionalism orientation pro- said. “While the opportunities are more gram that the committee sponsors at all prevalent and the number of diverse law of Georgia’s law schools is particularly students and attorneys is significantly meaningful to Pat. “Every new law stu- greater now, there still are inadequacies dent in Georgia has the opportunity to on all fronts in our profession as a whole. explore, in small group discussions with I truly believe the Bar should reflect the experienced practitioners and judges, panoply of races, sexes, gender identities, how the best traditions of the legal pro- national origins, religions, ages, disabili- fession apply to a series of hypothetical ties, veterans, etc., that are represented situations,” he said. “The students leave in our community as a whole. The legal knowing that being a lawyer will require profession still lags woefully behind in more of them than rote knowledge and this regard.” technical skill. As a law teacher, I am The Georgia Diversity Program has deeply grateful to the committee and all grown, Brent said, “from a small group the volunteer lawyers and judges for get- crying in the legal wilderness to a com- ting the conversation about professional- mittee which provides CLE programs, ism started at the very beginning of law luncheons, social gatherings, mentoring school. Our professionalism orientations and, most importantly, a pipeline pro- have become a model for law schools gram to identify and assist young students around the country.” who aspire to pursue law school and legal Brent Wilson, partner with Elarbee careers. The program has allowed me to Thompson Sapp & Wilson LLP in At- meet and interact with students, attorneys lanta, has served on the Georgia Diver- and judges throughout the state from dif- sity Program Committee since its incep- ferent backgrounds than my own, which tion in 1993. While he is proud of what has enhanced me both personally and the committee has accomplished during professionally.” that time in fostering more opportunities Lawrenceville solo practitioner Phyllis for diversity in the profession, he contin- Miller is a past chair of the Statewide Ju- ues to serve because there is still much dicial Evaluation Committee who served work to be done. “I attended law school 20 years on the committee, which assists and entered the legal profession over 40 the Judicial Nominating Commission with its evaluations and recommenda- tions to the governor on potential candi- dates for appointment to the bench. She particularly values the opportunity this service allowed her to get to know fellow Bar members from across the state. “I believe that the hard work of the committee to gather meaningful input from lawyers across the entire state to share with the governor through the On behalf of the Bar leadership, Judicial Nominating Commission has I want to let all of our committee resulted in a better-informed governor, better appointments and therefore a bet- members know that your work ter bench, at all levels of our judiciary,” she said. “The information we have gath- “in the trenches” is critical to the ered and shared, as well as the ratings we success of the Bar, it is valued and have given to nominees, has resulted not only in the appointment of good judges, it is appreciated. but the elevation of good judges to higher courts, and sometimes, in seeing to it that judges perceived not to be qualified to move to a higher court do not do so. It is

8 GEORGIA BAR JOURNAL imperative that the members of the State adoption of our recommendations has Allegations that do move forward are Bar of Georgia have a voice in guberna- been recognized by the ABA and the handled by the State Disciplinary Board, torial appointments of judges. The ‘guys National Conference of Chief Justices as which consists of an Investigative Panel in the trenches’ know the nominees, have the model to be followed by other U.S. and a Review Panel—two of the Bar’s worked with them, or litigated against jurisdictions. A collateral benefit of our hardest-working groups of volunteers. them, and have invaluable information work has been to assist our state’s eco- The Investigative Panel, made up of to share. Hopefully, our work results in nomic development efforts by aiding in 21 Bar members and four lay members, appointments that are not just based on the development of a professional infra- receives and evaluates written grievances politics, but a thorough vetting of nomi- structure that is fully capable of provid- against Bar members or can initiate griev- nees being considered by the governor.” ing professional services in the global ances on its own. According to General Through her service on the commit- economy. We continue to examine Counsel Paula Frederick, the Bar mem- tee, Phyllis added, “I have learned a great other international developments that bers who investigate cases each handle deal about the practice of law. Hearing may affect the structure and regulation about 18 cases per year, reporting their comments that my colleagues have gath- of our profession.” findings to the full committee group at ered about nominees, their temperament Some of the most intensive work in its monthly meetings and making a rec- and professionalism, or lack thereof, has the Bar’s committee structure takes place ommendation as to the proper resolution helped me look more carefully at my own in the areas of lawyer discipline and reg- of the case. Last year, the panel met nine conduct, and hopefully, it has made me a ulation. The primary reason the unified times in different parts of the state, with better lawyer.” State Bar of Georgia was established in members paying their own expenses to Under the leadership of its chair, Ben 1964 was the fact that the old Georgia attend the meetings. Greer of Atlanta, and the steadfast sup- Bar Association, as a voluntary organi- Panel members investigating cases port and guidance of longtime commit- zation, lacked the authority to regulate spend many hours receiving a response tee member and retired State Bar Gen- the legal profession or enforce the edu- from the lawyer involved, forwarding it eral Counsel Bill Smith, the International cational, professional and ethical stan- to the complainant and, on a case-by-case Trade in Legal Services Committee has dards for lawyers necessary to protect basis, interviewing witnesses, subpoena- been working for the last several years to the public. ing and reviewing bank records, among examine the challenges to the Bar posed Over the past two years, the Disci- other tasks. When the panel’s primary by international trade agreement—in par- plinary Rules & Procedures Committee, investigation establishes probable cause ticular, the General Agreement on Trade chaired by John Haubenreich of Atlanta to believe a violation has occurred, the in Services and NAFTA—and other inter- and consisting of 24 lawyer members panel may issue a letter of admonition, national commitments made by our gov- and two lay members, worked tirelessly an Investigative Panel Reprimand or a ernment with a view toward proposing to conduct a comprehensive review of Notice of Discipline, or direct the OGC regulatory solutions consistent with the the Bar’s entire disciplinary process, at to file a formal complaint in the Supreme Bar’s historic mission. the request of 2015-16 President Bob Court of Georgia for a hearing by a spe- “In general,” Ben stated, “our rec- Kauffman. The review involved month- cial master, who is a qualified lawyer. ommendations address the regulatory ly committee meetings over a period of The Review Panel, comprised of 14 issues presented by increased lawyer more than a year and resulted in rec- Bar members, receives reports from spe- mobility, especially foreign lawyers. ommended rules changes that were ap- cial masters and meets to decide on any We believe that it is important for proved by the Board of Governors and recommendations to the Supreme Court our regulatory regime to be relevant are now pending before the Supreme regarding the imposition of any punish- to the realities of modern practice Court of Georgia. ment or discipline it deems appropriate as while emphasizing and retaining the These recommendations are intended a result of the hearing conducted and the Bar’s traditional supervisory role.” to modernize, streamline and improve report and recommendation filed by the To date, the committee has proposed the process for investigating and recom- special master. five rules—or comments to rules that mending to the Supreme Court disciplin- On behalf of the Bar leadership, I want clarify their meaning—that address the ary measures for reported violations of to let all of our committee members know principal issues posed by foreign lawyer the Georgia Rules of Professional Con- that your work “in the trenches” is critical mobility: temporary practice (“fly in-fly duct on the part of Bar members. Out of to the success of the Bar, it is valued and out”); foreign legal consultants; pro hac the thousands of requests for grievance it is appreciated. If you are not serving vice admission; foreign in-house counsel forms that are submitted to the Bar’s Of- on a committee now but have an interest and a path to admission to full Bar mem- fice of the General Counsel and inquiries in a certain area, I encourage you to get bership for foreign trained lawyers. to the Consumer Assistance Program involved. Contact President-Elect Ken Ben added, “It is particularly satisfy- each year, the vast majority are resolved Hodges, who is considering his appoint- ing that our committee’s approach to without a grievance having to be filed un- ments for next year, and let him know of these issues and the Supreme Court’s der the disciplinary procedure. your interest. l

2017 DECEMBER 9 GBJ | From the YLD President

Plug Into Technology for Pro Bono Service

If you are struggling with finding the in technology access and adoption among time or opportunity to take the YLD’s Pro certain client communities, online strate- Bono Challenge (www.georgiayld.org) gies combined with community partner- to meet the State Bar Rule 6.1 standard ships are helping to increase services to of aspiring to render at least 50 hours of rural and other underserved areas.”1 pro bono legal services each year, there is Writing for Legal Technology News ear- good news. lier this year, Gabrielle Orum Hernandez With our Pro Bono Resource Center credited ABA as having been “perhaps leading the way, the State Bar of Geor- quickest to invest resources in technology gia is part of a nationwide wave of legal to promote pro bono work.” The launch organizations that are using innovative of the ABA’s tech-centric Center for In- advancements in technology to help close novation (www.abacenterforinnovation. the justice gap by making it easier and less org) in 2016 followed up on recommen- time consuming for lawyers to volunteer dations that “technology can help increase NICOLE C. LEET for pro bono service. access to legal services.” Hernandez added “These technology-enabled models are that Pro Bono Net supports the trans- helping to connect prospective volun- formative advancement through online YLD President teers with pro bono opportunities, create platforms in 23 states, including Georgia.2 State Bar of Georgia new pathways to pro bono participation [email protected] through unbundled and remote service models, and provide new supportive re- Free Legal Answers sources to assist volunteers in their pro (georgia.freelegalanswers.org) bono work,” Liz Keith, program director Georgia is one of 22 states participating in for Pro Bono Net (www.probono.net), a the ABA’s Free Legal Answers program, nonprofit leader in developing innova- an online service that provides eligible tive technology and forging collabora- users who meet certain financial guide- tions to increase access to justice, wrote lines with advice and information about for the American Bar Association’s online non-criminal legal matters from lawyers Dialogue publication. in their state, at no cost. “As in private firms, smart applications After verifying their eligibility, users of technology in the nonprofit legal sector post a specific question about their civil are also creating new efficiencies that can legal issue and provide facts that help the result in higher quality legal services to an attorney answer the question. Users are increased number of clients,” Keith added. notified by email when their question re- “And while there are still lingering gaps ceives a response, with instructions to log

10 GEORGIA BAR JOURNAL OFFICERS’ BLOCK back in to see the response and ask more In this issue of the Georgia Bar Journal, we asked our YLD questions. There is no fee for use of the sys- officers, How do you cope with work/life challenges faced by tem or for the advice and information pro- “ lawyers, especially during this busy time of year? vided by the participating attorneys. ” Any State Bar member in good standing can register to give pro bono advice through Free Legal Answers. After registering as a volunteer, lawyers may log in at any time to NICOLE C. LEET | YLD President review a list of user questions. You will only I prioritize—both at work and with my life and family. answer the questions you choose to answer. Then I try to either let go of low-priority items or If no attorney has responded to a question outsource them (i.e., purchasing prepared appetizers after 30 days, the request will be removed, and using the gift wrap option on Amazon). and an administrator will notify the user. Users will not know the name of the at- torney who answers their questions, unless RIZZA O’CONNOR | YLD President-Elect the attorney chooses to provide it, a client Before leaving the office, I make a to-do list of tasks has made a specific request for the attorney’s that need to be accomplished the following day. Writing name or it is required by a court of law. Par- these goals helps me focus on managing my time ticipating attorneys do not take any action wisely so that I can participate in other activities and to help the user, except to respond through spend time with friends and family. the website to the request for advice and information. The attorney/client relation- WILLIAM T. “WILL” DAVIS | YLD Treasurer ship formed when a question is answered Finding a balance can always be difficult but especially or advice is given is limited in scope and du- during the holidays. Remember that it is perfectly ration, as described in the agreement when acceptable to miss a party or other casual event. you sign up to volunteer. Overcommitting to fun events can cause just as much stress as other obligations. It’s OK to say “no.” Free Legal Answers is designed to appeal to lawyers who want to give back but have BERT HUMMEL | YLD Secretary been unable to participate in traditional pro bono work due to family obligations, sched- The holidays add a new level of stress with the plethora ule or geographic location. The website is of social events. Prioritizing the different commitments extremely user friendly, and has a robust before they pile up is very important. It’s also advisable to hit your billing requirements as early as possible mobile site as well. You can choose ques- since it is difficult to play “catch up” later in the year. tions to answer while waiting in line, in court or on your MARTA commute. Learn JENNIFER C. MOCK | YLD Immediate Past President more and sign up to be able to answer ques- tions at www.georgia.freelegalanswers.org. In order to cope with work/life challenges, I set my priorities and stick to a schedule that supports those priorities. A Comprehensive List of Pro Bono Opportunities Across the State (GeorgiaAdvocates.org) SHAMIRACLE J. RANKIN | YLD Newsletter Co-Editor Georgia attorneys looking for an easy way to I cope with work/life challenges by making time for the identify pro bono opportunities that interest people and activities that I enjoy outside the practice of them, or for tools and handbooks to provide law. Taking time to enjoy dinner with my husband, catch such pro bono service can find this and more up with my best friend or shop for a new pair of shoes, all in one place. The GeorgiaAdvocates.org affords me an opportunity to relax, relate and release! website for volunteer lawyers is being updat- ed and improved. This site contains resourc- HEATHER RIGGS | YLD Newsletter Co-Editor es for pro bono and legal services attorneys, I balance busy times with honest communication. My other law professionals and law students to clients would rather get a short sentence letting them assist in the representation of low-income or know I received their email and will respond more fully disadvantaged clients. at a later time than no reply at all. My family shares my GeorgiaAdvocates.org contains two calendar, so they know when I’m available for them. sections: the Georgia Online Justice Com-

2017 DECEMBER 11 munity, a password-protected area for courts are the place for people to bring pro bono attorneys and legal services ad- small claims in an efficient and effective vocates, and the Georgia Legal Services manner. O’Connor sees many cases with Program Staff Area, a password-protected pro se litigants who are unfamiliar with the area for GLSP staff. court system and its requirements. Many GeorgiaAdvocates.org is a joint project litigants would benefit from legal advice of Georgia Legal Services Program and or legal counsel, yet most of these litigants the Atlanta Legal Aid Society. Legal Advo- cannot afford to hire an attorney. The cacy organizations across the state are in- closest free legal services are in Savannah, vited to sign on and create their own fold- about an hour and a half away. ers, news and training announcements. Toombs County Magistrate Court The project is powered by Pro Bono will be the test-pilot court for the Law- Net and funded by Legal Services Corpora- yers for Equal Justice and the YLD’s access tion and the State Bar of Georgia Pro Bono to justice through technology initiative. Resource Center. Visit GeorgiaAdvocates. The program is designed for lawyers to org to find out more or to join the online remotely represent litigants in Toombs justice community. County Magistrate Court from wherever the lawyer is across the state. There will be a computer program that will allow the Georgia’s Future lawyers to see and communicate with ev- With the next technological advancement eryone in the courtroom—the judge, the always just around the corner, one always client and the opposing party. The lawyer has to be looking ahead. In Georgia, the will be reflected on a TV monitor in the pro bono uses of technology that are in Toombs County courtroom, and the law- the works include the State Bar Access to yer will be able to see and hear everything Justice Committee’s planning of a pilot in the courtroom on his or her computer portal for underserved communities in screen. All lawyer-client communica- southwest Georgia. This portal is intend- tion prior to the court hearing can also ed to include a legal assistance website, be accomplished through other means of with online access to pro bono, low bono technology such as telephone, Facetime/ and lawyer referral services. Skype or email. They hope to see this pro- The YLD and Lawyers for Equal Jus- gram up and running by the beginning of tice are currently developing a program to 2018 and intend on expanding to other address access to justice issues, especially courts in Georgia. in rural areas. YLD President-Elect Rizza Also in the initial implementation O’Connor is the chief judge of the Magis- stage are new text messaging campaigns trate Court in Toombs County. Magistrate for the public to download resources for assistance with domestic violence, debt collection and garnishment matters, as well as messaging resources for volun- teers, covering interpreter resources and If you haven’t done so already, it’s time pro bono support. to get plugged in and take advantage of the technological tools that will help you Across the Nation In other states, Keith reports that meet the “Due Justice. Do 50.” challenge. “(i)nteractive, online document assembly programs have been incorporated into YLD members take the Pro Bono many pro bono initiatives to support the Challenge pledge at www.georgiayld.org. provision of unbundled legal services, provide additional support for volunteer All Bar members can make a pledge and attorneys, and make service delivery more efficient. . . . The online templates pro- sign up at www.duejusticedo50.org. vide built-guidance for less experienced volunteers working outside of their area

12 GEORGIA BAR JOURNAL of expertise, and clinic volunteers can now serve clients more quickly—and thus Know Your Bar serve many more people. Several programs are combining online document assembly with tools to help volunteer attorneys re- view those documents remotely.” Law Practice The geographic reach of traditional “lawyer in the library” pro bono programs Management Program has been expanded into remote technol- ogy services to connect volunteer lawyers concentrated in metropolitan areas with residents of underserved areas in Califor- nia, Colorado and other regions, Keith reported. “The scope of services varies in these models, but using lightweight, user- friendly video conferencing solutions such as Zoom, volunteers can answer questions, help fill out forms and explain court pro- cess and procedures,” she wrote. “Libraries assist with local outreach and facilitating access to the technology used in the clinics.” “While not every innovation will be a success,” Keith concluded, “technology is clearly creating new opportunities to The Law Practice Management (LPM) program is unlock, and effectively support, a much a member service that helps all Georgia lawyers larger pool of volunteers than ever be- and their employees pull together the pieces of the fore. Some of these changes may be dis- office management puzzle. The program provides ruptive to traditional service models, but if harnessed well, we can make great confidential advice on technology, firm finances, strides in addressing one our country’s organization and management. fundamental dilemmas—closing the jus- tice gap for the millions of low-income individuals in need of accessible and af- 3 Consultations Sample LPM Forms fordable legal assistance.” The LPM program’s consultants The LPM program offers a wide If you haven’t done so already, it’s time can conduct an in-depth variety of office management forms to get plugged in and take advantage of evaluation of your office’s existing available for download at www. the technological tools that will help you office management procedures. gabar.org. meet the “Due Justice. Do 50.” challenge. Consultations are confidential and YLD members take the Pro Bono Chal- affordable. Solo and Small Firm Institute lenge pledge at www.georgiayld.org. All The Solo & Small Firm Institute Bar members can make a pledge and sign Law Office Start Up Resources is packed full of resources and If you are planning to open a law information for solo and small firm up at www.duejusticedo50.org. l office in Georgia, don’t miss out on lawyers. The 2018 institute will be valuable office start up resources held Sept. 28-29. from the LPM program. Endnotes Solo and Small Firm Resources 1. Keith, Liz. “Innovations in Technology- Resource & Software Libraries This online resource is devoted to Enabled Pro Bono,” Dialogue, Spring The LPM program maintains members who practice in solo and 2016. https://www.americanbar.org/ a library of books and videos small firms and includes a place to publications/dialogue/volume/19/ on a variety of topics related discuss daily issues and concerns. spring-2016/innovations-in-technology- to law office management and enabled-pro-bono.html technology. A legal software Visit www.gabar.org for more 2. Hernandez, Gabrielle Orum. “A High- library is also available to help information on these LPM Tech Helping Hand: The Marriage you with technology planning and resources, plus more! If you have of Pro Bono and Technology,” Legal purchasing decisions. questions, please contact Natalie Technology News, May 31, 2017. Kelly, director, at 404-527-8770 or 3. Keith. email [email protected].

2017 DECEMBER 13 GBJ | From the Executive Director

Ways to Give of Yourself During the Season of Giving

Whether you celebrate Christmas, “It’s no wonder that, traditionally, Hanukkah, Kwanzaa, all of the above or charities have received the bulk of their none of the above, one thing is consistent yearly donations during the last couple throughout our multicultural society: months of the year,” writes Joanne Fritz December is the season of giving. While for TheBalance.com. “It’s a great time holiday giving is most widely associated to give. But it’s also important to make with presents placed under a tree or ex- sure you donate your hard-earned dol- changed with family and friends, it also lars well. That takes more than a gen- comes in many other forms. erous heart. It also takes the rational Early 20th century author Khalil Gi- thought of a hard-nosed consumer who bran said, “You give but little when you can pick the best choices from a myriad give of your possessions. It is when you of opportunities.” give of yourself that you truly give.” For According to the Huffington Post’s members of the legal profession, there are Money Tips blog, “Needs at the holidays JEFF DAVIS numerous ways in which you can give of are even more pressing on families, with yourself this holiday season. cold weather approaching and stress over whether they can provide any sort of Executive Director meaningful holiday for their loved ones.” State Bar of Georgia Charitable Giving In addition to tossing your loose change [email protected] Georgia lawyers have consistently dem- (or more) into the Salvation Army’s tradi- onstrated their generosity over the years. tional red buckets at the entrance to many The profession’s support of group fund- shopping centers, there are other options raising efforts like the Georgia Legal Food for charitable giving during the holidays, Frenzy, the incredibly successful annual as recommended by Money Tips: project of the state Attorney General’s l Local food banks, food pantries and Office and the State Bar Young Lawyers soup kitchens are often pushed to the Division, is evidence of that commitment. edge of their resources at Thanksgiv- All Americans tend to be most gen- ing and Christmas. Cash and food erous during this time of year, for a donations, including specific items number of reasons. Most people are like holiday turkeys are especially in a natural spirit of giving during the needed at this time. holidays anyway, and others are inspired by the year-end deadline to make chari- l Toys for Tots and similar programs table contributions for a tax deduction. have donation bins where you can Additionally, many nonprofits ramp up donate gently used toys, or buy new their efforts to request donations as the toys to give directly to needy chil- holidays approach. dren. Other programs may be found

14 GEORGIA BAR JOURNAL for refurbishing used toys, especially ing your time can be as valuable as your personal issues in their lives. The holi- bicycles, for Christmas gifts. financial gifts. day season can be especially difficult for As noted by the Money Tips blog, them. You can give back by getting in l Clothing donations are also vital soup kitchens generally serve overflow touch with a colleague or friend who around the holidays, especially warm crowds during the holidays, and they you know might be having a hard time. clothing for those who live in colder may need help with cooking, serving, It’s important not to turn a blind eye to climates. Winter coats, sweaters and setup, cleanup and other chores. Call in fellow lawyers or anyone else in crisis. boots/shoes can make a huge differ- advance to find out the best way you can Your outreach can make a profound, ence for someone in need. The holi- help. Meals on Wheels and other meal perhaps lifesaving difference. days are a great time to clean out your delivery programs for senior citizens are The State Bar recently established the closet and donate while you organize. always looking for volunteers to help Georgia Lawyers Helping Lawyers (LHL) l Angel trees are common in work- deliver meals, especially during the holi- program, an innovative new peer-to-peer places, schools and churches as well days for seniors who may find the holi- assistance initiative specifically designed as relief organizations such as The days an unusually lonely time. to facilitate Bar members’ support of col- Salvation Army. The trees will have Volunteer at a homeless shelter or leagues who are going through rough the names of needy children and/or women and children’s shelters in food times. Combining confidentiality and families that are requesting gifts for prep or meal service. Visiting a shelter advanced technology, the peer program the holidays. Simply pick a name (or to meet the people you serve one-on- matches Bar members who have volun- names) off the tree and supply the one can be a gratifying experience for the teered to serve as peers with those who needed gifts. While the term angel entire family. request peer assistance. The volunteers go tree has become somewhat generic, Sending holiday cards to active-duty through required training to learn how to an actual Angel Tree program helps military and veterans is a thoughtful, low- be an effective peer, for which they earn provide Christmas presents to the cost way to show appreciation for their CLE credit. children of the incarcerated. sacrifice for our country. According to Tif- As Lawyer Assistance Program Com- fany Aliche, writing for U.S. News & World mittee Chair Jeffrey Kuester said, “We all Report, you can send holiday cards to mili- remember how meaningful it was for us Volunteer Service tary members through the American Red to receive important advice during our Thomas Jefferson said, “The study of Cross Holidays for Heroes (www.redcross. most difficult times, so we should all give law qualifies a man to be useful to him- org/volunteer/volunteer-opportunities/ back and be good stewards of the wisdom self, to his neighbors and to the public.” holidays-for-heroes) or A Million Thanks we have received.” Throughout our state, Bar members (men (www.amillionthanks.org) programs. You can learn more about the peer and women, Mr. Jefferson) are living up program at www.GeorgiaLHL.org. If you to that creed by volunteering their time are aware of a colleague or anyone else on behalf of community service projects Help a Colleague in crisis, don’t turn a blind eye. Take this sponsored by their law firms, local bar as- Most of us know one or more fellow opportunity to reach out and provide the sociations, YLD affiliates, local civic clubs Bar members who are suffering from support, the friendly ear and voice of en- or churches. During the holidays, donat- stress, depression, addiction or other couragement for your friend.

2017 DECEMBER 15 Take a Pro Bono Case law for everyone, regardless of his or her Before you go gift and food shopping, This year, the State Bar’s Access to Jus- ability to pay. It is a natural way for the decide how much you are going to spend tice Committee and the YLD are chal- legal profession to serve the public and and stick to your budget. Learn to say no; lenging Georgia lawyers to perform 50 the justice system and give back to our friends and colleagues will understand if hours of pro bono service—promoted by communities. For more information, you can’t participate in every project or the “Due Justice. Do 50.” campaign. There contact Mike Monahan of the Pro Bono activity. Don’t abandon healthy habits; are needs and opportunities for pro bono Resource Center at [email protected]. overindulgence only adds to your stress service in every practice area and every and guilt. Take a breather; spending just part of the state. 15 minutes alone, without distractions, To get started, visit the Pro Bono Re- Make Time for You and Your Family may refresh you enough to handle every- source Center at www.GeorgiaAdvocates. We know that too many lawyers experi- thing you need to do. org, where you can find assistance with ence high levels of stress, which can have You can also find work/life balance meeting the pro bono challenge in the an adverse effect both professionally and suggestions at LawyersLivingWell.org, following areas: personally. Unfortunately, the end-of- the website of the State Bar’s Attorney year rush during the holidays can add to Wellness program. Taking advantage of l Law practice management support that stress, taking a toll on your health some downtime this December is a great on pro bono issues. during what should be a joyous time. The gift to you and your family. l Professional liability insurance coverage. staff of the Mayo Clinic acknowledges, These are a few rewarding ways that “The holidays present a dizzying array Georgia lawyers can benefit from the l Free or reduced-cost CLE programs of demands—parties, shopping, baking, spirit of giving during the season of giv- and webinars. cleaning and entertaining, just to name ing. I encourage you to get into that spirit l Web-based training and support for a few . . . . When stress is at its peak, it’s hard and wish you and your family a wonder- pro bono cases. to stop and regroup.” ful time of celebration and a very Happy The clinic offers practical tips to mini- New Year. l l Honor roll and pro bono incentives. mize the stress that accompanies the Pro bono service is critical to fulfill- holidays: Be realistic; the holidays don’t ing the ideal of equal justice under the have to be perfect or just like last year.

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2017 DECEMBER 17 GBJ | The Legal

The Municipalization of Urban Counties in Georgia

Municipalization, the incorporation of all unincorporated areas of a county into one or more , would allow urban counties to assume a new role in partnership with cities, focusing on county-wide needs. BY JAMES V. BURGESS JR.

This article examines an evolving ap- serve as administrative arms of the state to proach to local government reorganiza- provide certain state-mandated services, tion in Georgia’s principal urban areas for such as tax assessment and collection, elec- overcoming the diffusion and functional tions, county courts, sheriffs, health and duplication between city and county gov- welfare, bridge and road maintenance, and ernments. This approach involves the in- agricultural programs and services. of all unincorporated areas of With the rural-urban transition to cit- a county into one or more municipalities, ies and the subsequent suburban flight a concept of intergovernmental reorgani- from cities following World War II, resi- zation referred to as “municipalization.”1 dents in unincorporated areas of counties Georgia’s system of local government is demanded the same type of urban services unique when compared with that of many that they formerly enjoyed as municipal states. In most other states, a clear legal residents. Because of limited powers of distinction exists between the role and annexation, cities could not serve this function of city and county governments. suburban growth, and counties lacked the Usually, cities are established by charter legal authority to provide municipal-type as creatures of the state legislature to per- services. Consequently, some counties form specified urban-type services within sought special legal authorization through a geographically defined corporate bound- local constitutional amendments to pro- ary. These services generally include such vide municipal-type services to their new basic urban services as police and fire suburban residents. protection, street construction and main- The General Assembly addressed this tenance, building code enforcement, plan- legal dilemma in 1972 by proposing an ning and zoning, recreation, and water amendment to the Georgia Constitution.

and sewer utilities. By contrast, counties Amendment 19, known as the “Equal- GETTYIMAGES.COM/FILO

18 GEORGIA BAR JOURNAL

ization Amendment,” authorized both population in cities (DeKalb, Cobb, Gwin- counties and cities to perform 15 specific, nett, Clayton and Richmond). Based on enumerated urban services. 2 The Equal- this distinction, the Institute Study found ization Amendment thus granted to that the county was the major urban ser- counties the power to perform the same vice provider in county-dominated coun- type of urban services that previously ties with the reverse being true in city- only municipalities could provide pursu- dominated counties.5 ant to charter authority. Following voter The Institute Study identified 19 ur- approval of this amendment in November ban services (four more than the 15 listed 1972, the traditional legal distinction be- in the Equalization Amendment) that tween the role and function of cities and the nine urbanized counties provided.6 counties was eliminated. DeKalb County delivered the greatest number of these services (16), while Bibb County delivered the fewest (4). Services Concept of Urban Counties provided by Bibb County were more tra- In 1983, a study by the Carl Vinson Insti- ditional, such as animal control, health tute of Government documented the ex- screening and roads. Three of the metro- istence of nine highly urbanized counties politan Atlanta counties (Fulton, Clayton in Georgia.3 The study (herein referred to and DeKalb) provided most of the se- as the “Institute Study”) defined an urban lected urban services, and the remaining county as any county having a population counties provided between one-half and of greater than 100,000. By this defini- two-thirds of the 19 services.7 tion, there were nine urban counties in An examination today of service de- Georgia: Bibb, Clayton, Cobb, Chatham, livery in the same nine urban counties DeKalb, Dougherty, Fulton, Gwinnett reveals some significant changes since and Richmond. 1983. First, two counties (Bibb and Rich- Based on an analysis of service deliv- mond) are now consolidated county-city ery, the Institute Study divided the nine governments responsible for all urban urbanized counties into two types: city- services.8 Fulton, Clayton and DeKalb dominated counties and county-dominat- counties still deliver a majority of the 19 ed counties. City-dominated counties were urban services; however, because Fulton those counties where the population of the County is now fully incorporated, most incorporated area was significantly greater of its urban services will be taken over than the population of the unincorporated through municipalization. area (Fulton, Chatham, Bibb and Dough- The extent to which further munici- erty). The reverse was true in county- palization will occur in Chatham, Clayton dominated counties.4 In county-dominated and Dougherty counties will depend upon counties, the population in the unincorpo- the nature of the service delivery system rated area was significantly higher than the in each jurisdiction. Chatham County, identified as a city-dominated county, provides a limited number of municipal- type services, namely code enforcement, roads, transit, and minimal parks and recreation. Chatham County’s eight incorporated cities, in- Municipalization of a county should cluding Savannah, provide the full range of municipal-type services.9 The General not be confused with city and county Assembly introduced local legislation in the 2017 session to incorporate the city of consolidation. Municipalization is Skidaway Island.10 This was placeholder simply the municipal incorporation of legislation to begin the process of evaluat- ing the incorporation of Skidaway Island the total county geographical area. as a city. A study by the Andrew Young School of Policy Studies at Georgia State University concluded that the proposed

20 GEORGIA BAR JOURNAL incorporation of Skidaway Island is fi- a report identifying the specific services nancially feasible.11 to be supplied to the citizens of the mu- The Institute Study also identified Clay- nicipality.14 The Georgia Senate adopted ton County as county-dominated, per- legislation in 2016 that apparently would forming a majority of the 19 selected ser- have established a similar procedure for vices; however, Clayton County is not the the creation of new cities, but it failed to principal provider of services within the pass the House of Representatives.15 municipalities. Its seven municipalities are Following approval by voters of a ref- self-sufficient providers of municipal ser- erendum to create a new city, general law FREE Warm Leads vices, including the full range of city ser- prescribes a transition period for bringing Business Law Firm seeking local 16 vices for fire, police, roads, recreation, and the new city into existence. A local act business lawyers to send local leads even E-911 and EMS.12 Clayton County creating a new city may provide for a tran- will continue to be the major urban service sition period not to exceed 24 months for provider, not because of services provided the orderly transfer of governmental func- L4SB seeks local “affiliate attorneys” to refer local to its municipalities, but because of its tions from the county to the new munici- clients who need legitimate legal services. large unincorporated share of the county pal corporation. Except for the functions You must be a licensed business attorney, with your own office, and capable of returning calls to clients population (78.77 percent). The extent of specified in the local chartering act, the within 24 hours or less. any additional municipalization will most county is required to continue providing No cost, no fee splitting. likely result from growth of existing mu- its services until the end of the transition nicipalities, rather than through the cre- period. The new city is authorized to initi- LIMITED AVAILABILITY: Exclusive geographic regions provided. ation of new cities. ate the collection of taxes, assessments, fees Municipalization of a county should and other revenues, but it is required to not be confused with city and county pay the actual cost of any services provided Visit www.L4SB.com/affiliate-attorneys/ to learn more or get started. consolidation. Municipalization is simply by the county unless otherwise provided the municipal incorporation of the total by agreement between the city and county. LAW 4 SMALL BUSINESS P.C. county geographical area. There are two Roads cannot be removed from the county (505) 715-5700 basic processes under which the munici- road system during the transition period W W W . L 4 S B . C O M palization of counties can occur in Geor- except by agreement.17 gia. The first approach is to incorporate When the charter of a new city re- the unincorporated area of the county ceives voter approval, the governor is re- through the creation of new cities, as has quired to appoint five persons to serve as Tax Court Accepts recently occurred in Fulton County. The interim representatives of the newly cre- second approach is to apportion the total ated city.18 The “Governor’s Commission” Kaye Valuation unincorporated area of the county among of the new city serves only until the time the existing cities, either through munici- the new governing authority takes office. Affirmed by pal annexation or by local act of the Gen- The function of the Governor’s Com- US Court of Appeals eral Assembly. This second approach could mission is to facilitate the provision of also involve a combination of and facilities, collection of taxes annexation and the creation of new cities. and fees, and negotiation of intergovern- A legislator from Chatham County13 actu- mental agreements for the establishment Mitchell Kaye, CFA, ASA ally proposed the second approach several of the new . The Governor’s (770) 998-4642 years ago. It was not considered practical, Commission has no authority to make however, because of the political difficul- agreements, expend money or incur any ties inherent in municipal annexation and/ liability on behalf of the new city.19 or negotiating agreements between exist- Business Valuations ing municipalities in the apportionment of Divorces ! Estates ! Gifts unincorporated areas. Cityhood Movement ESOPs ! FLPs in Urban Counties A recent proliferation of new cities in Intangible Assets ! Disputes urban areas led the House Governmental The process of county municipalization Affairs Committee of the Georgia Gen- began with the incorporation of the city of Court Testimony and IRS Experience eral Assembly to adopt a rule in 2016 that Sandy Springs in 2005.20 This was the first established a two-year process for consid- new city created in Fulton County follow- eration of legislation proposing the incor- ing a 1993 statute of the General Assembly serving appraisal clients since 1981 poration of a new city. This rule includes setting forth minimum standards for form- www.MitchellKaye.com the requirement of a feasibility study and ing a new municipality.21 It was followed

2017 DECEMBER 21 by the creation of the city of Johns Creek The municipalization of the other Counties not only limit the number of in July 2006, the city of Milton in Decem- urban counties might be accomplished urban services they can provide, but also ber 2006, and the city of Chattahoochee by apportionment of their remaining impose millage limits.30 For example, Hills in June 2007.22 In DeKalb County, unincorporated areas to the various Peachtree Corners in Gwinnett County the city of Dunwoody incorporated in municipalities so that their boundar- has a millage limit of one mill and pro- December 2008, and Peachtree Corners, ies would be expanded according to the vides three services: land-use planning located in Gwinnett County, incorporated natural geographic service delivery areas and zoning, building and environmental in November 2011.23 Total municipaliza- and/or natural or normal “Communi- regulation, and solid collection.31 The tion of Fulton County was achieved in ties of Interest.”29 Every city—regardless city of Stonecrest in DeKalb County is 2017 when the voters approved the cre- of size—has a potential service delivery also limited by charter to the imposition ation of the new city of South Fulton on footprint, defined by major boundaries, of one mill and to performance of three Nov. 8, 2016.24 such as highways, waterways, neighbor- services. The new city of Tucker pro- The cityhood movement in DeKalb hoods, and commercial and industrial ar- vides only three services: planning and County is progressing with the recent cre- eas. For example, it may not be practical zoning, code enforcement, and parks and ation of two new cities, the incorporation or cost-effective to leap over a river or recreation. These initial service and mill- of the city of Tucker in 201625 and the new expressway to absorb territory that could age limits are not permanent and can be city of Stonecrest in 2017.26 There are now be best served by an adjacent municipal- changed by charter amendment and by 13 municipal incorporations in DeKalb ity. This municipalization process obvi- notification of the county upon assuming County,27 and a 14th city could have been ously would require extensive negotiation the performance in any additional urban created had the voters approved the pro- among political leadership in the affected service following the transitional period. posed city of La Vista Hills. It is estimated cities, a consideration of local municipal Municipalization as a form of govern- that about 50 percent of DeKalb County is annexation acts by the General Assembly, mental reorganization in urban counties now municipalized. and local intergovernmental agreements could lead to a sorting out of functions The following is a summary of reasons for service delivery. As a practical matter, between cities and counties on a practical for considering incorporation:28 the apportionment of unincorporated ar- basis. In reality, political factors have and eas for municipalization of urban counties will continue to have a major impact on l Create representation that is propor- is probably not feasible. the municipalization movement. Counties tionate to population; could be assigned to perform those activi- l Create a politically accountable gov- ties that are area-wide in nature and that erning body for a specific and limited Emerging Service Relationships involve large capital investment. Munici- geographic area; In city-dominated counties such as Cha- palities, on the other hand, could perform tham County, cities will continue to be those local functions and services that l Improve local public services; the major provider of urban services, people “see, hear, feel and touch on a day- l Redirect existing revenues generated and the county will become increasingly to-day basis.” Such functions might include from the local residents to directly municipalized either through annexa- police patrol, fire protection, garbage col- support local services; tion or creation of new cities. In county- lection, street cleaning, recreation, hous- dominated counties like Cobb, Gwinnett ing, land use control and zoning. Environ- l Give a community control over land and Clayton, the county will continue as mental and major infrastructure functions use planning; the major urban service provider unless that span a broad geographical resource l Pursue local policy goals more appro- substantial additional municipalization base and require intensive financial capi- priate for the community; occurs. Because of the almost total munic- talization would become responsibilities of ipalization of Fulton County (excluding the county as well as emergency manage- l Create and preserve local identity; the industrial district), cities are becoming ment, solid waste disposal, public health l Prevent forced annexation by nearby the major urban service providers, with facilities and services, emergency rescue, municipalities; and the county providing more traditional animal control, major road construction services. As DeKalb County “municipaliz- and maintenance, parks and recreation l Address dissatisfaction with cur- es,” more local urban services will be pro- programs and facilities, public transporta- rent services provided by the county vided by its cities. In Dougherty County, tion, libraries, , county-wide government. the city of Albany will continue to be the planning and pollution control. In both the Sandy Springs and Stonecrest major urban service provider, and total Commission hearings, the major concerns municipalization would have to occur most often expressed involved the need for either through municipal annexation or Conclusion greater control of local government servic- city-county consolidation. As the first county in Georgia where all es, public safety, and more equitable alloca- The initial charters of most newly city services are provided through munici- tion of tax and other revenues. created cities in Gwinnett and DeKalb palization, Fulton County’s urban service

22 GEORGIA BAR JOURNAL delivery role empowered by the Equaliza- 4. City-dominated counties consisted of 22. 2006 Ga. Laws 3503 and 2006 Ga. Laws tion Amendment32 is eliminated. Notwith- Fulton, Chatham, Bibb and Dougherty. 3554 provide for the incorporation of standing this outcome in Fulton County, County-dominated counties were the Cities of Johns Creek and Milton, the Equalization Amendment and the DeKalb, Cobb, Gwinnett, Clayton and respectively. 2006 Ga. Laws 3821 subsequent Service Delivery Act of 199733 Richmond. See id. at Executive Summary. provides for the incorporation of the continue to cause considerable conflict and 5. Id. city of Chattahoochee Hill Country competition between many counties and 6. Urban services provided by urban for the purpose of local control over cities, disputes over duplication of services, counties in 1983: animal control, code zoning. The residents approved double taxation and fiscal inequity in the enforcement, day care for children, the incorporation in 2007. In 2008, financing of such services. Municipaliza- emergency medical service, emergency the city was renamed by ordinance tion of counties could serve as a vehicle phone number, fire protection, health from Chattahoochee Hill Country to for overcoming many of these issues. Mu- screening, hospital, planning and/or “Chattahoochee Hills.” See also https:// nicipalization would allow urban counties zoning, police and/or sheriff, recreation, en.wikipedia.org/wiki/Chattahoochee_ to assume a new role in partnership with senior citizens programs, solid waste Hills,_Georgia (last visited October 9, 2017). cities, focusing on county-wide needs. collection (door-to-door, dump, landfill), 23. Bill Crane, Georgia View: A New-City This complementary service delivery sys- streets and highways, wastewater Epidemic, Georgia Trend Magazine, July tem in Georgia’s urban counties would collection, water distribution, and water 12, 2012. be more politically responsive to those treatment. Id. at p. 38. 24. 2016 Ga. Laws 3726. citizens actually served. Such a two-tiered 7. Id. 25. 2015 Ga. Laws 3897 allowed for a system would enhance compatibility in lo- 8. 2012 Ga. Laws 5595 (consolidation of referendum. The City’s charter limited cal government service delivery and foster Bibb County and the city of Macon); its initial services to planning and financial equity among taxpayers. It would 1995 Ga Laws 3648 (consolidation zoning, code adoption and enforcement, also recognize the importance of keeping of Richmond County and the city of and parks and recreation. local government close to the people so that Augusta). 26. 2016 Ga. Laws 3538 allowed a basic day-to-day services may be delivered 9. The Carl Vinson Inst. of Gov't, Univ. referendum to create the city of more efficiently, equitably and with greater of Ga., supra note 3. Stonecrest, a city of about 50,000 people transparency to the people served. l 10. H.B. 618, 154th Gen. Assembly, Reg. along Interstate 20. The initial services Sess. (Ga. 2017). of the City were limited by charter to 11. The Center for State and Local planning and zoning, code enforcement, James V. Burgess Jr. served Finance, Andrew Young School and parks and recreation. as executive director of the of Policy Studies, Georgia State 27. Atlanta (part), Avondale Estates, Georgia Municipal University, Proposed Incorporation of Brookhaven, Chamblee, Clarkston, Association from 1983 until Skidaway Island, Feasibility Study (2016). Decatur, Doraville, Dunwoody, Lithonia, 1995. Upon retirement he served as mayor of the city of Social 12. 1972 Ga. Laws 1552-53; Ga. Const. of Pine Lake, Stonecrest, Stone Mountain Circle from 1997 until 2011. He is a 1976 Art. IX § 4, ¶2 (The predecessor to and Tucker. practicing attorney specializing in current Ga. Const. Art. IX, § II,¶ III(a)). 28. From “FAQs by the Landings municipal law and also serves as a 13. Former State Senator Tom Coleman Association” in an Incorporation Town mediator and consulting (deceased). Hall Meeting on February 27, 2017. attorney in matters affecting local and 14. House Committee on Governmental 29. Community of Interest” means state government. Affairs, Committee Rules, 154th Gen. those common elements that pull a Assembly, Reg. Sess., Rule 3 (Ga. 2017). community together, such as political, Endnotes 15. S.B. 375, 153rd Gen. Assembly, Reg. social, economic and geographic Sess. (Ga. 2016). considerations. 1. http://en.wikipedia.org/wiki/municipalization 16. O.C.G.A. § 36-31-8 (2015). 30. See, e.g., 2016 Ga. Laws 3538; 2015 (last visited October 9, 2017) (“In the 17. Id. at §§ 36-31-8(a)-(d). Ga. Laws 3897. The city charters , municipalization often 18. Id. at § 36-31-8(g). of Peachtree Corners, Tucker and refers to incorporation of an entire 19. Id. Stonecrest provide for a millage rate county into its municipalities, leaving no 20. 2005 Ga. Laws 3552 (allowing a limitation of one mill. unincorporated areas.”). referendum to create the city of Sandy 31. City Charter, §§ 6.11 and 1.12(b), as 2. 1972 Ga. Laws 1552-53; Ga. Const. of Springs). provided in 2012 Ga. Laws 3729. 1976 art. IX § 4, ¶2 (the predecessor to 21. Pursuant to O.C.G.A. section 36-30- 32. 972 Ga. Laws 1552-53; Ga. Const. of current Ga. Const. Art. IX, § II,¶ III(a)). 7.1, municipalities must provide at 1976 art. IX § 4, ¶2 (the predecessor to 3. The Carl Vinson Inst. of Gov't, Univ. least three public services, hold at least current Ga. Const. Art. IX, § II,¶ III(a)). of Ga., Counties and the Delivery of Urban six public meetings and hold a regular 33. See O.C.G.A. §§ 36-70-20 to -28 (1997). Services in Georgia (August 1983). municipal election.

2017 DECEMBER 23 GBJ | Feature

Elisa Frye was excited and optimistic Trade Secrets and about her new entrepreneurial venture which implemented her 10-year-old vi- sion, with the potential to revolutionize Proprietary Protection the financial software industry and pro- vide much needed assistance in regula- The importance of understanding one’s rights to protect and manage a tory compliance with current and rap- company’s trade secrets cannot be overstated. Trade secrets’ protection idly changing financial services laws. One is not automatic. Positive action must be taken to limit the ability of can only imagine her surprise when she others’ use of confidential and proprietary information. learned that a former employee took her BY STEVEN D. GINSBURG idea and had already brought it to a com- GETTYIMAGES.COM/YURIZ

24 GEORGIA BAR JOURNAL petitor for development. The shock and trade secrets, their location, who has ac- broad, includes information that qualifies dismay that Elisa experienced paled in cess and persons with an interest in their for trade secret protection, and a non- comparison to the legal spend she faced possession and use. exhaustive list of other types of informa- in trying to fulfill her dream for this new Confidentiality agreements with em- tion that qualifies as “confidential infor- venture. All of the second guessing about ployees, business partners and vendors mation” with the latter in the “included what could have been done to prevent can be lacking by failing to thoroughly but not limited to” list, such as “and all this would not benefit Elisa; it could only identify and properly document trade other business information of value to pave the way for others to learn from the secrets (and their development), provide the Company.” In any case, any informa- resulting appellate decision which effec- uniform procedures and safeguards, ad- tion determined to be confidential and tively shut her down. dress temporal and geographic scopes, proprietary should be further identified This is a hypothetical, but there’s and receive implementation and routine, as such by either placing it in a separate no reason to think it will remain one. but thorough, follow up with employees, location or stamping “confidential and The importance of understanding one’s business partners and vendors, includ- proprietary” on it. rights to protect and manage a compa- ing training. Confidentiality agreements In factoring the scope of dissemination ny’s trade secrets cannot be overstated. could be a condition of any new or con- for the trade secret (the population who Trade secrets’ protection is not automat- tinued business or employment relation- need to know), the business should strive ic. Positive action must be taken to limit ship. When and where such a condition to limit the level of disclosure. Should the ability of others’ use of confidential is appropriate, they should include a defi- the trade secret be kept within the com- and proprietary information. By raising nition of the trade secrets, limitations on pany—or within a discrete group in the awareness with employees, vendors and the use of the trade secrets and provide company—or is it necessary to be acces- other agents, a company may put itself in for monetary and injunctive relief in the sible to third parties? Agreements should a position to obtain court relief, includ- event of a breach of the agreement. Simi- include as many restrictions to access as ing the possibility of an award of dam- larly, confidentiality provisions should be possible. Further protections, such as the ages and injunctive relief. considered for inclusion in employment owner of the trade secret’s control over manuals. Background checks and review storage media for electronically stored of prospective employees or third parties information, password access, remote Best Practices complement the process. locations and how any licensee systems Most states have adopted the Uniform Third parties who will be privy to are best secured, must be addressed. Po- Trade Secrets Act, which, in part, defines trade secret or proprietary information, tential for incidental unauthorized access, a “trade secret” as “information, including such as agents, vendors, customers or po- such as maintenance, delivery, other staff a formula, pattern, compilation, program, tential customers, should be required to or persons with facility access, should be device, method, technique, or process.” sign non-disclosure agreements. Employ- considered and provided for. Although Trade secrets can also include research ees of such third parties should be made courts look at whether reasonable mea- and development efforts, marketing, sales, aware of the agreement(s). Also consider sures were taken to preserve confidential- pricing, profitability information and cus- the use of other restrictive covenants ity, the increasing concern for cybersecu- tomer information. A trade secret need such as a non-compete, non-solicitation rity requires weighing access and security not be unique and can include “known” or no-raid agreements. against business needs. By documenting elements. Under the Uniform Trade Se- Although one school of thought has efforts taken to protect the confidentiality crets Act, a trade secret is any information been averse to identifying trade secrets to of the trade secret, future enforcement is that is secret; has commercial value de- avoid inadvertent omissions, not doing so better promoted. rived from the fact that it is secret; and is can lead to disclaimers of knowledge and Regular meetings and training for the subject of reasonable efforts to be kept intent from persons against whom relief all persons with access, including non- secret. Information may be protected, or is sought; that employees, for example, employees, is essential to preserving relief obtained for its misappropriation, if do not know what is or is not disclos- confidentiality. Confidentiality and non- the information maintained value because able. Further, it becomes problematic to disclosure agreements with vendors and it was kept secret and if reasonable steps control the population with whom trade independent contractors with training were taken to keep it secret. secrets are shared. Documenting trade se- and monitoring should occur prior to, Intellectual property which includes crets and keeping their identification cur- and not later than, the inception of shar- trade secrets can be a valuable asset. But rent can mitigate such risks. Inadvertent ing information. Monitoring employees’ safeguards and methods of protection re- omissions, if any, need not be a problem computers and access activities is pre- main inadequate even with new enforce- where the documentation states that it is ventative, and should be routinely done. ment tools through the Defend Trade not exhaustive. As an alternative to spe- Policy and procedure updates (as well as Secrets Act, which became effective in cifically identifying trade secrets, a defi- identifying the trade secrets) should be May 2016. Businesses should perform risk nition of “confidential information” may provided regularly and documented. The assessments to understand and identify be used in employee agreements that is goal should be to foster an understanding

2017 DECEMBER 25 among employees, temporary person- The Impact of Social Media account so usage can be monitored. An nel and third parties that any confiden- on Trade Secrets MDM program can allow the company to tial information they receive or create The proliferation of social media and mo- remote-wipe devices upon termination of on behalf of the company belongs to the bile devices has led to the unintentional, a relationship. Additional considerations company. For all persons who should no as well as intentional, disclosure of trade are providing for complete data encryp- longer have access or possession, such secrets and the movement of proprietary tion, control over security settings and as upon termination of the relationship, data off the company’s network. Preven- intrusion-detection systems that continu- documentation should be provided of the tion of trade secret misappropriation re- ously monitor network traffic. continuing duty to maintain the infor- quires policies and procedures that address In designing social media policies, com- mation as confidential, and that it should the use of social media and mobile devices. panies should be aware of user privacy not be used without authorization. At exit Although marketing and sales often use so- rights and state laws with regard to employ- interviews, or otherwise at the cessation cial media, this practice implicates owner- er access to personal social media accounts. of any relationship, require the return ship and potential waiver of protection for of all confidential information, includ- trade secrets, such as customer lists. ing hardware, and any information that Status updates, posts to Facebook Enforcing Trade Secrets After is on office or home computers, mobile friends with customers, tweets and email Termination of a Relationship devices, cloud data or otherwise. Confirm blasts about a new job may or may not Does the departing person or entity pos- that personal devices are wiped and access be considered solicitation of a former sess trade secrets or proprietary informa- is disabled. employer’s customers. Even a location tion which can be taken and used? Are Identify the persons in the company check-in could disclose a trade secret or there customers, lists of customers or in- who are responsible for implementing proprietary business plan or strategy. formation about goods and services that and enforcing policies and procedures to Again, trade secrets should be clearly can be taken and cause harm if shared preserve confidentiality, and who may be identified in a social media policy with with unauthorized people? Does that per- contacted for questions. instruction and values to give notice of son have knowledge of internal systems At the time trade secrets begin their what is considered to be confidential. or programs which can be useful to oth- existence, records of financial costs and Such a policy should also require deletion ers, and harmful to the company? other valued interests in them should be of contacts an employee or third party The Defend Trade Secrets Act pro- kept. Any increases in income or decreas- has made while employed or engaged on vides for federal claims and remedies for es in expenses resulting from costs in the behalf of the company. Unless employers the misappropriation of trade secrets. Al- creation and use of trade secrets should clearly identify the type of conduct that is though it does not pre-empt state laws, its be recorded. intended to be prohibited, they are at risk remedies include: International law and foreign coun- of not being able to enforce protection. l Ex parte seizures in “extraordinary cir- tries’ trade secret laws and cultures re- An advantage of employer-issued de- cumstances” to “prevent the propagation quire attention. Where applicable, the vices over bring your own device (BYOD) or dissemination of the trade secret.” foregoing factors and processes will assist policies is that the expectation of the user’s l in maintaining protection overseas, even privacy is limited. By restricting employ- Monetary damages for actual loss and if enforcement is ultimately sought in the er-issued devices to only business pur- unjust enrichment, or a reasonable United States. poses, the commingling of business and royalty in exceptional circumstances When acquiring other companies, or personal communications is significantly that render an injunction inequitable. their assets, it is advisable to investigate minimized and avoids the BYOD difficulty l Exemplary damages up to two times whether the seller or other transferor has in identifying what is proprietary to the the monetary damages and attorney followed any of the methods and pre- company and what belongs to the em- fees where the conduct was “willful served the protections described above, ployee. Employer-issued devices permit and malicious.” particularly in the case where trade secrets inspection and monitoring. Because they are included in the cost of the acquisition. must be returned at the end of employ- Due diligence should include a review of ment, as contrasted with BYOD, which Once the Horse is Out of the how any trade secrets and their value are facilitates intentional or unintentional Barn, What Are the Remedies? documented, and the historic and cur- removal of trade secrets and confidential Sources of recovery when trade secrets rent procedures utilized to maintain and information from company servers, em- are misappropriated include seeking enforce confidentiality. ployer-issued devices should be preferable. damages from the takers—former em- An annual or more frequent review Mobile device management (MDM) ployees, competitors or both. In addi- by outside counsel can assist to correct software and company buy-back poli- tion to consequential damages, is there a errors, update for new developments or cies further reduce risk. Companies value of the non-competition agreement business changes, and ensure all required should consider prohibiting cloud stor- itself? Was there separate consideration personnel have enforceable agreements. age or having a corporate-owned cloud assigned to that agreement in the parties’

26 GEORGIA BAR JOURNAL agreement? Consider such an assign- quiring company’s employ who may have trade secrets, medical staff privilege ment in drafting agreements. brought such information with them. litigation and contractual disputes; and Damages can include lost profits, the Notwithstanding best efforts to protect probate and other commercial and civil tort litigation. competitor’s profits caused by acquiring trade secrets and proprietary information, the trade secrets, disgorgement, severance one should not lose sight of the fact that Disclaimer: This article is prepared and pub- pay and restitution, such as a refund of the once in litigation, confidential documents lished for informational purposes only and consideration paid for the non-competi- can become exhibits at trial, where any- should not be construed as legal advice. The tion agreement. Restitution is appropriate one can look at them. l views expressed in this article are those of the for the unjust enrichment that would oc- author and do not necessarily reflect the views of cur if a breaching party were permitted to the author’s law firm or its individual partners. retain the benefit of its non-performance. Steven D. Ginsburg is a One court held that such a measure may partner at Litchfield Cavo LLP’s Reprinted with permission from the ABA Busi- be appropriate where consequential dam- Atlanta office, and is admitted ness Torts Journal, Tips for Protecting Trade ages, such as lost profits, are speculative to practice in Georgia, Florida and New York. Ginsburg Secrets and Proprietary Information, Fall 2017, and difficult to establish. focuses his practice on corporate and Vol. 25, No. 1. This information or any portion In acquiring all or part of a company, it commercial litigation and matters thereof may not be copied or disseminated in is diligent and prudent to take measures to involving real estate, construction and any form or by any means or downloaded or determine whether you may be inadver- banking litigation; insurance (including stored in an electronic database or retrieval sys- tently acquiring any confidential data of a title insurance claims and litigation); tem without the express written consent of the competitor. This includes a review of em- agreements governed by the Uniform American Bar Association. ployees and former employees in the ac- Commercial Code; non-competition,

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2017 DECEMBER 27 GBJ | Feature

Atlanta Attorneys Bring Home Federal Bar Association’s Annual Meeting and Convention

The Atlanta Chapter of the Federal Bar Association hosted the national convention in September, providing more than 300 attendees with the opportunity to connect with the greater legal community and celebrate giving back to the community, as well as experience some of the city’s finest attractions. BY STACY KING

Downtown Atlanta felt an increased legal presence and a bit of national spot- light in September as the national Federal Bar Association (FBA) brought its annual meeting and convention to the Westin Peachtree Plaza. Kevin Maxim of The Maxim Law Firm P.C. chaired a planning committee of attor- neys who brought experienced speakers, as well as a few famous faces, to Atlanta for the event. Serving as honorary commit- tee chairs were Chief Judge Thomas W. Thrash Jr. and Judge Richard W. Story, both of the U.S. District Court for the Northern District of Georgia, and Larry D. Thompson of Finch McCranie LLP and the School of Law. “The Atlanta FBA Chapter’s Plan- ning Committee worked hard in prepar- ing for the convention, and it showed,” says Maxim. “We could not have done it without their efforts and the remarkable generosity of the convention’s sponsors.” The efforts of the planning commit- tee led to more than 300 attendees en- joying various aspects of the convention, including several social receptions and

GETTYIMAGES.COM/SEANPAVONEPHOTO eight hours of continuing legal educa-

28 GEORGIA BAR JOURNAL ing legal education. Former Georgia Sen. Saxby Chambliss provided a truly insightful address on the current state of affairs in Washington. Atlanta pub- lic radio personality Denis O’Hayer interviewed NPR Legal Affairs Corre- spondent Nina Totenberg of National Public Radio during the Foundation of the FBA luncheon. “Hosting attorneys and judges from across the country allowed us to connect Atlanta’s federal practitioners in ways that aren’t possible via the Internet,” FBA Atlanta Chapter President Derek Bauer, a partner of BakerHostetler, ex- plained about the importance of bringing the national conference to the area. “By bringing the association’s annual meet- ing to Atlanta, we were able to welcome BY THE FEDERAL BAR ASSOCIATION PHOTO PROVIDED all of the organization’s key players into Morning keynote address with former Georgia Sen. Saxby Chambliss. (Left to right) Hon. Michael J. Newman, immediate past president, Federal Bar Association, U.S. magistrate our legal community for one exceptional judge, Northern District of Ohio; Byung J. “BJay” Pak, member, Atlanta Chapter, Federal Bar weekend together.” Association; Kevin Maxim, convention committee chair; Tom Lacy, member, Atlanta Chapter, Past National FBA President Joyce Federal Bar Association; Hon. Tilman E. “Tripp” Self III, judge, Court of Appeals of Georgia; Kitchens agreed. “It’s the best feeling to Chambliss; Stacy King, executive director, Federal Bar Association; West Allen, chair, Government Relations Committee, Federal Bar Association; and Bruce Moyer, government host the annual meeting and convention relations counsel, Federal Bar Association. here in Atlanta once again. We helped provide the opportunity for these practi- Award was presented to Rupa G. Singh of the city to those attendees who were unfa- tioners to become admitted to practice in San Diego for her outstanding commu- miliar with its charms. A reception at the the 11th Circuit, and it connects us just a nity service and outreach both within and Atlanta History Center was well received little bit more within the legal commu- outside of the legal community. and attendees had the chance to experi- nity.” Kitchens was the 2003-04 president Also at the luncheon, the FBA present- ence the many exhibits that the center has of the FBA and is a principal of Kitchens ed awards to many FBA chapters, sections on display, learning more about Atlanta New Cleghorn LLC. and divisions to honor their work in pub- and Southern culture. Connecting with the legal community lishing newsletters, creating and present- Many attendees commented on how is an important area of focus for the Fed- ing CLE programming, and participating powerful the National Center for Civil eral Bar Association. This spirit certainly in community outreach efforts. The 2017 and Human Rights is after attending a re- showed during awards ceremonies that Chapters of the Year were named, with ception there. The exhibits on display and celebrated attorneys giving back to the the honors going to the Dayton Chapter, the center’s remarkable design had emo- profession as the association recognized the Minnesota Chapter and the South tions running high as FBA members met many outstanding individuals as well as Florida Chapter. and networked with one another. FBA chapters, sections and divisions. The association’s highest honors are “The annual meeting and convention The FBA Younger Lawyers Division presented during the annual meeting and was a great success, thanks to the work of recognized five outstanding attorneys convention. The Hon. Sarah T. Hughes our Atlanta Chapter and the Convention under 40 who are working to give back Civil Rights Award was presented to Committee,” said incoming National FBA to the legal community through their po- Lawrence R. Baca for his lifetime of work President Kip Bollin of Thompson Hine in sitions at various government agencies. with the U.S. Department of Justice and Cleveland, Ohio. “It was a meeting full of in- The division also recognized Past Nation- continued advocacy on behalf of Native sight, legal education, local hospitality and al FBA President Matthew B. Moreland Americans. The Earl W. Kintner Award planning for the future of our association.”  of New Orleans with the Robyn J. Spalter for Distinguished Service was presented Outstanding Achievement Award for his to Kent Hofmeister, Brown & Hofmeister, service to the association on both the local Dallas, Texas, for his more than 30 years Stacy King and national levels. of service to the Federal Bar Association. Executive Director The FBA Awards Luncheon on Sat- The meeting was not all work and no Federal Bar Association urday, Sept. 16, honored many outstand- play, however. Receptions at two of At- [email protected] ing efforts. The Elaine R. “Boots” Fisher lanta’s finest attractions helped showcase

2017 DECEMBER 29 GBJ | Feature

2018 Legislative Preview

BY CHRISTINE BUTCHER HAYES

On Jan. 8, 2018, the 154th Georgia Gen- The legislative team has their work eral Assembly will convene for year two cut out for them in 2018. We have six of the legislative biennium. The 40-day bills that will carry over from the 2017 session is likely to be over in the blink of Legislative session and three new bills an eye—many members will be eager to from the Fiduciary Section that were switch into campaign mode ahead of the approved by the Board of Governors primary election on May 22, which will on Oct. 28. Here’s a glimpse of the State determine the republican and democratic Bar’s 2018 legislative package. nominees for governor and a number of other statewide offices. Several state legis- lators resigned over the summer in antici- Power of Attorney: The Reprise pation of running for statewide office, in- During the 2017 session, the Legislature cluding attorneys Stacey Evans and Stacey passed a complete rewrite of Georgia’s Abrams; and Rep. Regina Quick is now power of attorney statute. Since the law Judge Regina Quick following her recent took effect on July 1, a number of at- appointment to the Superior Court bench torneys have discovered issues with the in the Western Judicial Circuit. Quick will language and execution of a few specific be replaced by Athens attorney Deborah provisions. This “cleanup bill” intends Gonzalez, winner of the Nov. 7 special to resolve these issues and provide ad- election for House District 117. As we ditional clarity to certain provisions in move into December, we have our eyes the law. on Senate District 6 and House District 89, where Atlanta attorneys Jen Jordan and Sachin Varghese are facing runoff Prenups elections in their respective districts. HB 190 seeks to codify that antenuptial For all you lawyers out there contem- agreements be in writing, signed by both plating a run for legislative office, save parties who agree to be bound, and shall this date: qualifying for state races begins be attested by at least two witnesses, one

March 5, 2018! of whom shall be a notary public. GETTYIMAGES.COM/SEANPAVONEPHOTO

30 GEORGIA BAR JOURNAL Legislation for the Kids N D L Procedural Stay of an Adoption Norwitch Document Laboratory Proceeding SB 131 would clarify that an appeal of an Forgeries - Handwriting - Alterations - Machine Printing - Ink Exams order terminating parental rights stays an Medical Record Examinations - “Xerox” Forgeries - Seminars adoption proceeding related to that child F. Harley Norwitch - Government Examiner, Retired until the appeal to the termination order Court Qualified Scientist - 35+ years. Expert testimony given in is decided. This procedural change is in- excess of six hundred times, including Federal and International tended to give closure to a child and his or her parent(s) and ensure that the adop- 1 Offices in Augusta and West Palm Beach tion is not later invalidated by the court’s www.QuestionedDocuments.com decision in the appeal. Telephone: (561) 333-7804 Facsimile: (561) 795-3692

Waiver of a Right to an Attorney in Dependency Proceedings 2016. The addition of Chapter 11 to Title tracking website that will be available to All parties to a dependency hearing have 29 created incongruities and inconsisten- members through a link on the State Bar’s the right to an attorney. SB 130 would cies with Chapters 4 and 5 of the same legislative page and in the weekly legis- clarify O.C.G.A. ¶ 15-11-103(g)(3) so that title. The proposed amendments would lative update you receive via email. Leg- a waiver of counsel by a party other than a integrate citations to provisions in Title islation will be classified by section and child is knowing and voluntary. 29 Chapter 11 in order to provide clarity include details about the bill’s position in for attorneys practicing in this area and the legislative process. We hope that by to prevent litigation based on ambiguities tracking these bills by practice area, we Legislation to Discuss at a between these chapters. can encourage more attorneys to engage Cocktail Party Full of Trust and in the process and to speak up about po- Estate Attorneys tential shortfalls they might discover in Legislation on Topics You Thought pending legislation. Amendments to the 2010 Revised You Left Behind in Law School This coming year will be another im- Georgia Trust Code portant one for the State Bar under the HB 121 expressly provides five methods The Rule Against Perpetuities Gold Dome. The Legislative and Grass- for modifying an irrevocable trust. Addi- HB 122 would provide for a 360-year roots Program not only advocates and tional provisions will be added to the bill permissible vesting period for a non- defends changes that affect the practice of this session that clarify the computation vested property interest. Current Geor- law, but also issues affecting the judiciary, of an individual trustee’s annual fee and gia law provides for a 90-year permis- public safety, youth and a host of other provide that if a trust is named a grantee sible vesting period (or “90 years of a life areas that attorneys regularly encounter. of a transfer of property, the transfer is in being” if you’re feeling nostalgic for 1L We encourage you to join us, either with deemed to be made to the trustee. property class). your local bar associations or individually, Our second Advisory Committee on for a “Lobby Day” at the Capitol. Lawyers Revised Uniform Fiduciary Access Legislation meeting took place on Nov. are important and productive members to Digital Assets Act 28. A few additional proposals were con- of our communities and legislators find Traditionally, a fiduciary has the power sidered, with final approval set for the it meaningful to hear from their engaged, to plan for the management and disposi- Board of Governor’s meeting in Atlanta concerned constituents. We are grateful tion of a trustee’s tangible property. SB on Jan. 6, 2018. to those who donate to the Legislative 301 seeks to extend a fiduciary’s traditional Since 2018 is year two of the bienni- and Grassroots Program, which is funded power to manage tangible property to digi- um, any bill that was filed in 2017 and did entirely through voluntary contributions tal property as well. The legislation would not pass is still active. We expect to see upon renewal of your Bar dues. We appre- modernize the trust code to consider assets movement on some familiar legislation ciate your continued support as we con- like computer files, web domains, digital from last year, most notably the adoption tinue to ensure a strong and unified voice photography and virtual currencies. code update (HB 159) and the mandatory for the profession under the Gold Dome. l civil e-filing bill (HB 15). Cleanup to the Uniform Adult With the 40-day session moving at Guardianship and Conservatorship rapid speed, we want to make it easier for Christine Butcher Hayes Proceedings Jurisdiction Act Georgia attorneys to follow legislation Director, Governmental Affairs This bill proposes some simple revisions that is applicable to their area of practice. State Bar of Georgia to HB 954, which was signed into law in This year, we are implementing a bill- [email protected]

2017 DECEMBER 31 GBJ | Feature

Georgia High School Mock Trial Competition: Your Involvement Today Will Change a Life Tomorrow

The Georgia High School Mock Trial Competition is entering its 30th season giving high school students across the state an opportunity to engage in the law and exposure to the legal profession. Without the support of the Bar’s membership, this program and opportunity would not be able to exist. BY MICHAEL NIXON

Every member of the Bar had some moment that pushed them into the legal profession. For some, it may be a men- tor or influential figure, be it an aunt who was an attorney or a family friend. For others, it was who they saw on screen: Ben Matlock, Jack McCoy or Vinny Gambini. Maybe it was Atticus Finch or John Grisham. Others may have had some profound experience earlier in life, something that they saw as an injustice or a wrong they wanted to right. Some may have a driving sense of affecting change or bringing justice. A few just like the tax code and lots and lots of numbers. But for whatever the reason, the desire to go into law was most likely sparked in your youth and here you are today. The Georgia High School Mock Trial Competition is entering its 30th season giving high school students across the state an opportunity to engage in the law and exposure to the legal profession. Sponsored by the Young Lawyers Division of the State Bar of Georgia, it has grown into one of the largest high school mock trial competitions in the country. For the

PHOTO PROVIDED BY THE STATE BAR OF GEORGIA HSMT PROGRAM BY THE STATE PHOTO PROVIDED 2017-18 season, more than 120 schools One of Georgia’s participating teams during the 2007 State Finals competition, held at the from all parts of the state have registered Gwinnett Justice and Administration Center, Lawrenceville. to compete, involving almost 2,000 high

32 GEORGIA BAR JOURNAL school students in the program. The com- Judging Panel Volunteers petition draws teams from every possible school demographic, from public to pri- Needed in 2018 vate; traditional to home school; from af- fluent to Title I; from rural to urban. The High School Mock Trial Competition is one of the largest programs of the State Bar that directly connects the Bar’s mem- bers with the general public. The mock trial season starts with the case release in early October. Once the case is released, teams prepare both sides of the The members of the State Bar of Georgia have supported the case for trial. Each team will represent the Mock Trial program for 29 outstanding seasons. prosecution and defense in two separate Three hours of your time is all we need for a successful 30th! courtrooms against other schools’ teams in the competition, working through an ad- REGIONAL LEVEL OF COMPETITION vancement to the state finals competition Albany (1/27), Athens (1/27), Atlanta (1/27, 28 and 30), in early March. All teams compete at the Cartersville (1/27), Cumming (1/26 and 27), Dalton (1/27), regional level in late January, with the top Decatur (1/27), Douglasville (1/27), Jonesboro (1/26 and 27), three teams from each region advancing to Lawrenceville (1/26 and 27), Macon (1/27), Marietta (1/27), the district competition in mid-February. McDonough (1/27), Savannah (1/27) and Valdosta (1/27). The district champion teams meet at State No high school mock trial pre-requisite for judging panel service at the Finals to determine the state champion Regional level. Current attorney coaches are not eligible. who will represent Georgia at the Nation- DISTRICT LEVEL OF COMPETITION al High School Mock Trial Championship Feb. 17 in the following cities: in May. Athens, Atlanta, Cartersville, Douglasville, Without the support of the Bar’s Lawrenceville, Savannah and Valdosta membership, this program and oppor- Feb. 15 and 18 in Jonesboro tunity would not be able to exist. High- lighted below are three crucial areas At least one round of HSMT judging panel experience or one year of where Bar membership is involved. HSMT coaching experience required to serve at the district level. STATE FINALS COMPETITION | LAWRENCEVILLE | MARCH 3 At least two rounds of HSMT judging panel experience or one year of Attorney Coaches HSMT coaching experience required to serve at the state level. Each high school fields one team of stu- Volunteer forms are available online in the dents to compete. A full team is comprised “Volunteer for the Program” page of our website: of 14 students; some have many more than www.georgiamocktrial.org. that. Competing students play the roles Contact the Mock Trial Office with questions: of attorneys and witnesses. Each team 404-527-8779 or 800-334-6865 ext. 779 is required to have at least one attorney Email: [email protected] coach on its coaching staff to coach along- Facebook @ GeorgiaMockTrial side their teacher coach(es). Many teams Twitter @ GA_MockTrial have multiple attorney coaches; this helps spread the load between the coaching staff as well as making practice time more ef- ficient. Each team determines their prac- tice schedule, with most teams meeting at least twice a week after work hours. These students are trying to get a case ready to go to trial, while learning trial practice and procedure, along with an annotated Geor- gia Rules of Evidence, in a few months. Attorney coaching is essential. While it is the most time consuming, coaching gives

2017 DECEMBER 33 attorneys the greatest chance to interact spring. There are 16 regions across with the students on a regular basis and the state in late January. Each region help them in all manner of preparation for is coordinated by a local attorney, who trial. Many of our attorney coaches make secures the competition site as well as a long-lasting connection with their teams signing up the local judging panels. On GET and are able to mentor their students well the day of competition, the regional co- beyond their mock trial experiences. ordinators run the competition, orient and organize the judging panels, pro- CLE cess the scoresheets and advance the Judging Panel Volunteers teams through the day. Every regional CREDIT At competition, we need judges and at- coordinating team would welcome ad- torneys to sit on a judging panel to evalu- ditional help behind the scenes on the FOR SERVING ate the students’ presentation of their day of competition, as well as recruit- ON A case. Mock Trial does not evaluate on the ing panel volunteers. Some regions are merits of the case; the cases are written as run on a skeleton staff of two people HIGH SCHOOL balanced as possible to give both sides a because they can’t find anyone to help chance to fight for their side in court. In- during the day. MOCK TRIAL stead, the evaluators judge the students on Eight of the regions host the district their knowledge of the case materials and competition in mid-February. While it is JUDGING rules of evidence, courtroom presentation another day of competition, it is a smaller and demeanor, and believability of the wit- group of teams and a more relaxed atmo- PANEL nesses on the stand. The cases are written sphere. However, the need to fill panels with a factor of entertainment in mind to and run the competition remains. Earn 1 Hour of CLE, be engaging to the teams but with real legal The High School Mock Trial Commit- including 1 Trial Practice aspects to be adjudicated. The cases always tee is run by attorneys, both of the YLD and 1 Professionalism, have things that should never get in or and big Bar. Many of our committee lead- for serving on a judging instances of hearsay, as a way to test the ership have been involved in mock trial panel for one level of teams in their preparation of the case and for many years and we are always look- handling of these obstacles in court. ing to add to the ranks. The biggest task competition—Regional, Judging panel volunteers are given a is creating the problem for each season’s District or State. copy of the case, along with a bench brief, competition. The committee also estab- Earn an additional to help in their preparation. Each round lishes and updates the Rules of Competi- 1 Hour of CLE, including requires only a few hours’ time commit- tion and Rules of Evidence, assists with 1 Trial Practice, for ment from each panel member. This small the operation of the State Finals Compe- serving on a judging commitment of time provides the stu- tition and the annual Law Academy, as dents with a real-world courtroom expe- well as fills in where needed during com- panel for an additional rience and helps advance the competition petition weekends when possible. level of competition. through its various levels. Each season, While the Mock Trial Competition our need is great. At the regional level in has been operating the competition January, there will be approximately 900 successfully for 30 years now, we still judging panel spots to fill across the state, need your help. Please consider getting both in the jury box and on the bench. involved with the competition at some We will need to fill more than 300 spots level. We would be more than happy to in February at the district competitions talk with you about your interests and and about 80 at state finals. If you cannot where you feel you would best fit in. help at one level, we could use your help If you are interested in helping out or at another point in the season. Many of learning more, contact the Mock Trial our long-time evaluators say that their office at [email protected] or 404- experience at mock trial competitions has 527-8779. l helped them in their own practice of law.

Michael Nixon Behind the Scenes High School Mock Trial Director It takes a small army of volunteers State Bar of Georgia

to coordinate the competitions each [email protected]

34 GEORGIA BAR JOURNAL MT_CLE_Dec17.indd 1 11/9/2017 12:53:48 PM

GBJ | Feature

A Conversation with Randy Evans

In this installment of the Georgia Lawyer Spotlight, Editorial Board Member Jake Evans interviews his father, Randy Evans, a partner at Dentons. Randy is a litigator, author, columnist and expert in complex matters involving high-profile, high-exposure challenges for clients around the world. He has recently been nominated to be the U.S. ambassador to Luxembourg. BY JAKE EVANS PHOTO PROVIDED BY RANDY EVANS BY RANDY PHOTO PROVIDED

What do you enjoy most about the practice tives were attorneys. I did not even know just getting a specific ruling or obtaining of law? any attorneys. So, I was fortunate to work a specific concession. The practice of law permits me to defend with two legends of the Bar early in my If I had one lesson for every young the very essence of our republic—namely career—Emmet Bondurant and former lawyer, it would be to start every repre- the rule of law. Our country relies on a Georgia Gov. Ellis Arnall. sentation with one question to your cli- set of laws to define all of our relation- The single most important thing they ent: “What is a win?” Never lose sight of ships with each other and with our gov- both taught me was that being successful that answer no matter how well or poorly ernment. The power to ultimately enact, at the practice of law involved much more the representation progresses. Also, do interpret and apply those laws is vested in than just knowing the law. For one thing, not be surprised when winning is not a individual citizens elected by the people. as almost every lawsuit proves, reasonable verdict in your client’s favor or a deal on Against this backdrop, those of us fortu- minds can often differ over exactly what your client’s terms. Sometimes winning nate enough to engage in the practice of the law is. involves losing a battle to win a war; law have one of the most important roles More importantly, the law does not ex- getting a worse deal to start a long-term to play. We are the keepers of the law on ist in a clinical vacuum devoid of context profitable relationship; or taking a hit to behalf of all of our fellow citizens. They and consequences. Instead, the practice of gain some ground. depend on us to ensure that the rule of law involves real people facing real con- Finally, there are three ways to the law itself protects their lives, liberties and sequences dependent on real interpreta- top—stairs, escalators and elevators. pursuits of happiness. Knowing the im- tions and applications of statutes and legal Watch for all three. Of course, if you portance of that role is what (and why) I precedent with implications not only for just take the stairs, it could take a life- cherish it so much. the parties involved, but also many future time to climb a few floors. And escala- parties to come. tors move faster, but you do have to stop What do you know now that you wish you knew Candidly, just knowing the law is rare- at every floor. And, you have to wait on when you first started practicing law? What is ly enough to prevail in a legal dispute and elevators, which can be unpredictable your number one tip for younger lawyers? certainly not enough at the highest levels and stop at a few floors you prefer to As a young attorney, I had no real context of the practice. To our clients, “winning” skip. My general rule has been to take for the practice of law. None of my rela- itself can mean so many more things than the stairs while looking for escalators

36 GEORGIA BAR JOURNAL and always grabbing an elevator or two Occasionally, I got tilted a little too far sidebar. He then asked me the following: when they stopped on my floor. one way or the other, but the art of self- “Mr. Evans, you do realize you are win- correction is an important one. The key is ning this case rather handily and because How have you balanced your political in- to recognize when you have gone too far of that, I am sure that I misheard your volvement with the practice of law? When one way or the other, and then do some- objection because I know you meant to has this helped you? When has it hurt you? thing about it. say objection as opposed to moving for To fully understand the law involves a mistrial.” Needless to say, I immedi- much more than reading statutes and When did you know you wanted to be ately conceded that I had misspoken and cases because the statutes and cases a litigator? meant only to object. The jury was out came from somewhere. Knowing this When my grandfather lost his eye to an only 10 minutes. gave me an enormous advantage in experimental chemical for his crops on successfully applying the laws in cases his farm, I knew I wanted to be a law- Where will you be in five, 10 or 15 years not yet contemplated when the statute yer. Then, when I excelled at high school from today? was adopted or the case was decided. In- and intercollegiate debate, I was sure I Given how rapidly the world is chang- evitably, the context of the statutes and wanted to be a litigator. As a member of ing, I do not believe any of us know cases are political. the UGA National Moot Court Team and where we will be in five, 10 or 15 years. Statutes are passed by legislative bod- the UGA National Mock Trial Team, I Technology is changing the world so fast ies with two or more political parties each had no doubt. I believed I had the pas- that we can only guess at what the prac- attempting to advance their vision for the sion, skillset, mindset and drive to be a tice of law will look like. After all, look at future. Decisions are made by judges ei- good litigator. how fast the practice of law has changed ther elected or appointed by folks who Fortunately, during my summers in in just the last five years. And, assuming are elected. Hence, the common denomi- law school and then after law school, I I am confirmed by the Senate, I will be nator for a legal system that derives its had the opportunity to work with some of in a very different position than where ultimate power from a political process the best litigators in the country. I quickly I am now. with democratic principles is politics, and learned that old lawyers can easily teach may be my destiny now. there is no better way to understand and young lawyers many a thing or two. It But, I do love the practice of law. And I utilize the political component than to be was then that I became content with my have always enjoyed teaching. One thing involved in it. calling and really began to understand is clear: I will still be in love with the law Of course, any time someone is active- what it was like to be a litigator and why and searching for ways to spend more ly involved in the political process, they I wanted to be one of the best. time with it. confront two major challenges. First, es- pecially in a two-party system, once you What is your most memorable memory Assuming you are confirmed as Ambassa- pick one side, you necessarily run the risk practicing law? dor to Luxembourg, what will you miss most of alienating the other side. Second, the Like many athletic coaches, I am one about practicing law? worst clients for paying attorneys are of those folks who remember every I will miss my family, friends and col- politicians. Most believe that the mere loss and virtually none of my victories. leagues in the Bar the most. Although honor (and potential patronage should But, my favorite memory involves an some of the attorneys I have litigated your candidate or party be successful) is old judge saving a young lawyer from a against will find this hard to believe, there enough compensation for whatever legal terrible mistake. is not one member of the Bar that I have services you may provide. Both are reali- I was trying a case in Jesup against not enjoyed getting to know. Certainly, ties that attorneys in the political process one of the best trial lawyers in Georgia. I when in litigation, I give it my all. But in must simply accept. There is good, but even told the jury that they should judge life, I respect every colleague and appreci- there is also the bad. the case on the facts alone because my ate their talents and skills, and I feel very The key is to maintain a balance based talents came nowhere near the talents of fortunate to have gotten to know as many on your own values and your own check- the attorney on the other side. The case as I can. l book. It is a difficult balance to maintain. was going extremely well for my client For me, it was making sure that I was nev- and it seemed everyone knew it. Then, er blindly partisan nor blindly desperate to out of nowhere, the attorney on the Jake Evans is an attorney at be around power. If I believed in a cause or other side mentioned insurance—a defi- Thompson Hine LLP and politician, I would work with them and for nite no-no under the law at the time. I focuses his practice on high- them to the best of my ability. On the other jumped up and immediately moved for stakes complex litigation principally in the business hand, I also knew that I needed income and a mistrial. The judge (whose most fa- litigation context. Evans is also a the best way to do that was a growing and mous saying was “often in error, never frequent writer and speaker on legal strong practice. in doubt”) called the attorneys up for a and political issues.

2017 DECEMBER 37 TO PLACE AN ANNOUNCEMENT Bench Contact Lane Sosebee | [email protected] | 404-527-8736 &Bar

Kudos Boone & Stone announced that was also was honored in October at The Veterans Consor- David W. Boone and William S. tium’s 2017 Pro Bono Mission Partner Awards in Washing- Stone received the Georgia Trial ton, D.C., as the honorary co-counsel for The Veterans Con- Lawyers Association’s (GTLA) sortium’s milestone 5,000th appellate case, currently before Guardian of Justice Award in April the U.S. Court of Appeals for Veterans Claims.

BOONE STONE at their annual convention. This award is GTLA’s highest honor. Swift, Currie, McGhee & Hiers, LLP, announced It is bestowed upon members who have given extraordinary that Partner C. Bradford Marsh was reappointed service and support to the association. to the State Bar of Georgia Formal Advisory Opinion Board and the State Disciplinary Board- Gov. appointed Jason W. Swindle Review Panel, and Associate Donovan Potter was

Sr. of Swindle Law Group to the Sexual Offender MARSH appointed to the advisory board of Handshake Registration Review Board (SORRB.) The SOR- Atlanta. Marsh will help draft formal opinions RB’s purpose and mission is protecting Georgia’s that interpret the Georgia Rules of Professional children and communities at large by identifying Conduct and address ethical issues related to convicted sexual offenders that present the members of the State Bar of Georgia. In his role greatest risk of sexually re-offending. on the Review Panel, he will help investigate and discipline members of the State Bar of Georgia Attorney Steven Rossum was appointed CEO of POTTER for violations of the Bar’s Standards of Conduct. Silver Airways in August. In his role as CEO, Potter will assist in launching the second Handshake America Rossum will lead the Fort Lauderdale-based air- location and guiding it through its first year in Atlanta. Hand- line in its new strategic initiatives, including the shake America is a 501(c)(3) nonprofit organization dedicated delivery of up to 50 new ATR-600 series aircraft. to coaching high school student-athletes and teaching them the Rossum was most recently a partner at Smith, elements of success while leveraging their athletic experiences. Gambrell & Russell, LLP, as well as CEO and managing direc- tor of the firm’s aviation consulting business. Eversheds Sutherland announced that Karissa F. Blyth was selected to take part in the Hispanic Na- Kilpatrick Townsend & Stockton LLP announced tional Bar Association’s 2017 Latina Leadership Partner Theodore H. “Ted” Davis received the Academy. Blyth joins a group of other lawyers and International Trademark Association’s (INTA) leaders in this competitive program that focuses 2017 President’s Award. INTA developed the on personal and professional development. President’s Award to demonstrate its apprecia- tion to exceptional volunteers who, over the Carlock, Copeland & Stair LLP announced David course of a career in trademark law, have made an outstanding Root was elected as a fellow of the American Col- contribution to the association. The President’s Award also lege of Trial Lawyers (ACTL) during its 2017 acknowledges the profound appreciation of the global trade- annual meeting in Montreal, Quebec. The ACTL mark community to individuals who have made a lasting im- maintains and seeks to improve the standards of pact on INTA and its mission. trial practice, professionalism, ethics and the ad- ministration of justice through education and public statements Linda A. Klein, senior managing shareholder at on independence of the judiciary, trial by jury, respect for the Baker Donelson and immediate past president rule of law, access to justice, and fair and just representation of of the American Bar Association, was recog- all parties to legal proceedings. It is composed of the best of the nized by the National Association of Women trial bar from the United States and Canada. Judges with the Florence K. Murray Award in October. The award honors a non-judge who, by example or otherwise, has influenced women to pursue legal careers, opened doors for women attorneys or advanced opportunities for women within the legal profession. Klein

38 GEORGIA BAR JOURNAL Smith, Gambrell & Russell, LLP, announced that Smith Moore Leatherwood announced that G. Leah Ward Sears, partner and former chief jus- Marshall Kent Jr. was selected as a member of tice of the Supreme Court of Georgia, was elected Leadership Sandy Springs Class of 2018. Leader- to the Board of Directors of the American Acad- ship Sandy Springs brings business, government, emy of Appellate Lawyers (AAAL). The AAAL’s nonprofits, the religious community and volun- stated mission is to advance the highest standards teer leaders together to learn, grow and engage and practices of appellate advocacy and to recognize outstand- with each other in order to make the community the best pos- ing appellate lawyers. Sears will support the work of the AAAL sible place to live and work. by providing mission-based leadership and strategic gover- nance for the organization, which is committed to advancing Richard H. Deane Jr., partner, Jones Day, was the administration of justice and promoting the highest stan- elected as a member of the American College of dards of professionalism and advocacy in appellate courts. Trial Lawyers (ACTL) Board of Regents in Sep- tember. The ACTL maintains and seeks to im- Taylor English Duma LLP announced its recogni- prove the standards of trial practice, professional- tion with the Construction Lawyers Society of ism, ethics, and the administration of justice America’s (CLSA) Law Firm Award. The honor through education and public statements on independence of was accepted by Partner Natalie Mark at the the judiciary, trial by jury, respect for the rule of law, access to CLSA International Conference & Induction of justice, and fair and just representation of all parties to legal Fellows in September. The recognition profiles proceedings. It is composed of the best of the trial bar from the excellence in construction law. Winners are selected based United States and Canada. upon independent research by the society and input from CLSA Fellows who sit on the CLSA Law Firm Awards Committee. Steven D. Ginsburg, partner, Duane Morris, LLP, served as a panelist at the Mortgage Bankers As- Hon. Rhathelia Stroud, presiding judge, DeKalb sociation (MBA) Regulatory Compliance Confer- Misdemeanor Mental Health Court, was ap- ence in Washington, D.C., in September. He pointed as one of 14 non-federal members to the presented on Servicing Compliance Essentials, U.S. Dept. of Health and Human Services’ Inter- The Mortgage Servicing Rule and the Fair Debt departmental Serious Mental Illness Coordinat- Collection Practices Act. The MBA is the leading advocate for ing Committee (ISMICC) in July to serve a the real estate finance industry, acting as the industry’s voice on three-year term. The ISMICC is a new change agent for men- legislative and regulatory issues. It seeks to develop open and tal health reform that was established by the 21st Century fair standards and practices for the industry. Cures Act. Pursuant to the Act, the ISMICC will submit to Congress and other relevant departments and agencies a re- Allegra Lawrence-Hardy, founding partner of port with (1) a summary of advances in serious mental illness, Lawrence & Bundy LLC, was recognized by the (2) an evaluation of the effect that federal programs related to Atlanta Business League as one of “Atlanta’s Top serious mental illness have on public health, and (3) specific 100 Black Women of Influence.” Lawrence-Har- recommendations for actions that agencies can take to better dy was honored at the 22nd Annual Women of coordinate the administration of mental health services. Vision Breakfast. For more than 20 years, the Atlanta Business League has honored black women in metro- Berman Fink Van Horn P.C. announced Share- Atlanta who have reached senior level positions within their holder Benjamin Fink moderated a session, “Trade profession; are leading entrepreneurs in their industry; or have Secret Protection Goes Federal,” at the Federal attained the ability to influence large public bodies politically Bar Association Annual Meeting and Conven- and in government. The “100 Black Women of Influence” have tion program in September. The panel included demonstrated their commitment to the citizens of metro-At-

FINK Neal Weinrich, shareholder at Berman Fink Van lanta by maintaining significant involvement and participation Horn, and provided an overview of the Defend in community and civic activities. Trade Secrets Act (DTSA). The DTSA is a U.S. federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. The attorneys shared what the DTSA means for practitioners and how trade WEINRICH secret litigation will be impacted by the DTSA.

2017 DECEMBER 39 On the Move Taylor English Duma LLP an- nounced Sandra Brown, Alan S. IN ATLANTA Clarke, Mark V. Hanrahan, Allen Rafi Law Firm LLC announced the addition of W. Nelson and Masae Y. Okura Matt Hurst as an associate. Hurst’s practice focus- joined as partners and Hubert J.

es on individuals injured in tractor-trailer, com- CLARKE HANRAHAN Barnhardt, John G. Graves and mercial motor vehicle and automobile crashes, Karen Neely Louis joined as coun- crime victims in negligent security cases and oth- sel. Brown is an entertainment ers who have been seriously injured. The firm is attorney whose practice focuses located at 1201 W. Peachtree St. NW, Suite 2319, Atlanta, GA on working with award-winning 30309; 404-800-9933; Fax 470-344-3425; www.rafilawfirm.com. talent. Clarke joined the entertain- ment practice group and has expe- Balch & Bingham LLP announced Jessica Nwoko- NELSON OKURA rience representing recording art- cha joined the firm as a member of the litigation ists, writers, performers, athletes, practice. Nwokocha has experience in complex record labels, producers, managers, commercial litigation, product liability and mass authors and others in the entertain- tort litigation. She helps defend business interests ment industry. Hanrahan joined the during all phases of litigation in both state and fed- construction practice group and has eral courts. The firm is located at 30 Ivan Allen Jr. Blvd. NW, BARNHARDT GRAVES extensive experience represent- Suite 700, Atlanta, GA 30308; 404-261-6020; www.balch.com. ing clients in construction-related transactions and disputes. Nelson’s experience Dentons announced that William Mayfield includes advising management on a wide variety joined the firm’s corporate practice as a senior of legal and business matters ranging from merg- counsel. Mayfield’s practice focuses on providing ers and acquisitions (both domestic and interna- strategic advice and counseling on corporate fi- tional); board committee work and governance; nance matters, particularly with respect to cor- LOUIS public company disclosure and listing compli- porate and commercial lending. The firm is lo- ance; regulatory and government negotiations; cated at 303 Peachtree St. NE, Suite 5300, Atlanta, GA 30308; internal investigations; litigation; commercial contracts; com- 404-527-4000; Fax 404-527-4198; www.dentons.com. pliance and ethics; employment law; executive compensation and other areas. Okura joined the firm’s labor and employment Thomas Cohen Law Firm, LLC, announced it relations practice group and represents multinational compa- will now be known as Cohen Amason Law Firm, nies with emphasis on Japanese companies investing in the LLC. It also announced the addition of Jeffrey United States by advising on the immigration, incorporation, Amason as a member. Amason’s practice focuses employment, contracts and various business matters. Barnhardt on contract drafting and negotiation, risk analy- joined the firm’s intellectual property group with more than sis, claim evaluation, dispute evaluation, com- 20 years of experience, with a particular focus in IP strategy, mercial concerns, estate planning and estate administration. He patent and technology licensing and patent portfolio develop- has also resolved disputes over intellectual property infringe- ment. Graves joined the firm’s intellectual property practice ment, unpaid invoices, claims, defective workmanship and group, focusing on domestic and international mechanical other business matters. The firm is located at 1275 Peachtree patent prosecution. His practice encompasses conducting pat- St. NE, Suite 525, Atlanta, GA 30309; 404-812-1700; Fax 404- entability studies, infringement and invalidity analyses, port- 815-7205; www.tcohenlaw.com. folio and competitor analysis as well as drafting and negotiat- ing intellectual property license agreements. Louis joined the firm’s corporate practice group, concentrating her practice on regulatory compliance matters in the consumer financial ser- vices industry with a focus on deposit operations and mort- gage lending and servicing. The firm is located at 1600 Park- wood Circle SE, Suite 200, Atlanta, GA 30339; 770-434-6868; Fax 770-434-7376; www.taylorenglish.com.

Ballard Spahr, LLP, announced it has merged with Levine Sul- livan Koch & Schulz, a media law boutique firm. The firm will retain the name Ballard Spahr. The Atlanta office is located at 999 Peachtree St. NE, Suite 1000, Atlanta, GA 30309; 678-420- 9300; Fax 678-420-9301; www.ballardspahr.com.

40 GEORGIA BAR JOURNAL Attorney Darren Penn announced Long & Holder announced that Justin L. Wolfe the opening of Penn Law LLC and joined the firm as an associate. Wolfe focuses the addition of William Ballard as his practice on representing injured individuals of counsel, and Alexandra Cole and across the state of Georgia. The firm is located David Dreyer as attorneys. Ballard at 260 Peachtree St. NW, Suite 1401, Atlanta, focuses on medical malpractice, but GA 30303; 404-850-9870; Fax 404-688-0500; PENN BALLARD his expertise extends to product li- www.longandholder.com. ability, serious motor vehicle colli- sions and other complex personal Georgia Appleseed Center for Law and Justice announced it injury litigation. Cole focuses on has relocated its offices to space provided by the law firm of products liability, catastrophic per- Taylor English Duma LLP. The Georgia Appleseed Center for sonal injury, medical malpractice, Law and Justice is a nonprofit, nonpartisan, public interest law COLE DREYER employment discrimination/civil center with the mission to increase justice in Georgia through rights and complex civil litigation. Dreyer focuses on business law and policy reform and community engagement. The office torts, RICO and racketeering claims, fraud, wrongful death, is located at 1600 Parkwood Circle SE, Suite 200, Atlanta, GA catastrophic injury, product liability, shareholder dispute, in- 30339; 678-426-4640; www.gaappleseed.org. surance coverage, international litigation, employer-employee restrictive covenants, internal investigations, embezzlement Smith, Gambrell & Russell, LLP, announced that investigations, complex-damage determinations, nursing home M. Everett “Rett” Peaden joined the firm as a liability and breach of fiduciary duty. The firm is located at 4200 partner. Peaden focuses on mergers and acquisi- Northside Parkway NW, Building One, Suite 100, Atlanta, GA tions and provide general counsel to business 30327; 404-961-7655; www.pennlawgroup.com. clients, advising on ongoing transactional mat- ters and assisting the owners of closely held busi- Drew Eckl & Farnham announced nesses with long-term succession planning. The firm is located Bart Benton, Dana Schwartzen- at Promenade, Suite 3100, 1230 Peachtree St. NE, Atlanta, GA feld, Janeen Smith and Earl King 30309; 404-815-3500; Fax 404-815-3509; www.sgrlaw.com. joined as associates. Benton fo- cuses his civil litigation practice in Finnegan, Henderson, Farabow, Garrett & Dun-

BENTON SCHWARTZENFELD the areas of general liability and ner, LLP, announced that Trenton Ward, former premises liability. Schwartzenfeld lead administrative patent judge at the U.S. Pat- focuses on representing employ- ent and Trademark Office, joined the firm as a ers and insurers in workers’ com- partner. Ward’s practice focuses on patent litiga- pensation matters. Smith focuses tion, including patent office trials, district court her practice on civil and commer- litigation, litigation before the International Trade Commis- cial litigation. King focuses pri- sion and appeals before the Federal Circuit and Supreme Court. SMITH KING marily on workers’ compensation The firm is located at 271 17th St. NW, Suite 1400, Atlanta, GA claims. The firm is located at 303 30363; 404-653-6400; Fax 404-653-6444; www.finnegan.com. Peachtree St. NE, Suite 3500, Atlanta, GA 30308; 404-885- 1400; Fax 404-876-0992; www.deflaw.com. Parker, Hudson, Rainer & Dobbs LLP announced the addition of Chris Troutman as an associate in The law firm of Boone & Stone announced it is the real estate practice group. Troutman assists now The Stone Law Group, LLC, and has relo- business owners, developers, alternative energy cated its Atlanta office. The firm also announced leaders, investors, landlords and tenants with the addition of Michael G. Regas II as a mem- their commercial real estate needs, including ber. Regas will focus his practice on personal leasing, development and acquisitions/dispositions. The firm injury litigation arising from automobile and is located at 303 Peachtree St. NE, Suite 3600, Atlanta, GA tractor trailer accidents, medical malpractice, premises liabil- 30308; 404-523-5300; Fax 404-522-8409; www.phrd.com. ity and products liability. The firm is located at 5229 Roswell Road NE, Atlanta, GA 30342; 404-239-0305; Fax 229-723- 4834; www.stonelaw.com.

2017 DECEMBER 41 Lawrence & Bundy LLC announced Leslie J. Bryan Parker Poe announced the addition of Shaney Lok- joined the firm as counsel. Bryan brings more than ken as counsel. Lokken focuses her practice on 30 years of experience as a trial lawyer with litiga- assisting clients in government, higher education, tion experience at all levels—from pretrial proceed- health care and other industries structure and fi- ings to electronic discovery, expert witness deposi- nance a variety of transactions. The firm is located tions and Daubert-based challenges. The firm is at 1180 Peachtree St. NE, Suite 1800, Atlanta, GA located at 1180 W. Peachtree St., Suite 1650, Atlanta, GA 30309; 30309; 678-690-5750; Fax 404-869-6972; www.parkerpoe.com. 404-400-3350; Fax 404-609-2504; www.lawrencebundy.com. IN ATHENS Johnson, Marcou & Isaacs LLC, a virtual IP law Fortson, Bentley & Griffin, P.A., announced Elinore firm, announced the promotion of Brent Nix to “Ellie” Carroll joined the firm as an attorney. Her partner in the Atlanta location. Nix specializes in practice focuses on estate planning, estate adminis- United States and international patent prosecu- tration and elder law. The firm is located at 2500 tion with a focus in DNA and protein microar- Daniell’s Bridge Road, Building 200, Suite 3A, Ath- rays, pharmacogenomics, systems biology, com- ens, GA 30606; 706-548-1151; www.fbglaw.com. putational methods for RNA and protein structure prediction, and in vivo imaging and diagnostics. His general areas of exper- IN AUGUSTA tise include bioinformatics, biomolecular engineering, molecu- Hull Barrett, PC, announced that Mitchell B. lar biology, cell biology, virology and mechanical. Contact the “Mitch” Snyder joined the firm as an associate in firm at 404-665-3099; Fax 240-359-4879; www.jmi-iplaw.com. the litigation department. Snyder’s practice fo- cuses on general civil litigation with an emphasis Polsinelli PC announced Brian F. McEvoy was on business and commercial disputes, intellec- promoted to managing partner and Nancy E. tual property and probate litigation. The firm is Rafuse was named chair of the new labor and located at 801 Broad St., Augusta, GA 30901; 706-722-4481; employment department. McEvoy is the chair of Fax 706-722-9779; www.hullbarrett.com. Polsinelli’s government investigations practice IN MACON MCEVOY group and focuses his practice as a white collar defense litigator handling health care fraud cases Georgia Legal Services Program announced and other federal economic criminal matters. Ra- Tomieka R. Daniel was promoted to managing at- fuse represents and advises employers on the full torney. Daniel’s duties include provision of a full range of employment law and litigation issues in range of legal assistance to eligible clients in 23 today’s business environment. The firm is located counties in central Georgia in addition to manag- at 1201 W. Peachtree St. NW, Suite 1100, Atlanta, ing a staff of attorneys, paralegals and support staff. RAFUSE GA 30309; 404-253-6000; www.polsinelli.com. The office is located at 241 Third St. Macon, Georgia 31201; 478- 751-6261; Fax 478-751-6581; www.glsp.org. Smith Moore Leatherwood announced the addi- tion of Jesse P. Elison and David Lin to the firm’s IN ROME transportation industry group. Elison represents The Stone Law Group, LLC, announced it has regional and national motor carriers and interme- opened an office in Rome managed by attorney diaries. He brings extensive in-house experience Ryals Stone. Stone focuses his practice on indi-

ELISON on motor carrier and shipper contracts, commer- vidual and corporate plaintiffs in the areas of cial transactions, independent contractor agree- catastrophic personal injury, wrongful death, ments, real property leases, accident and freight products liability, medical negligence, civil fraud/ claims, risk management, regulatory compliance, RICO as well as commercial and consumer litigation. The firm and labor and employment issues. Lin’s practice is located at 215 Broad St., Suite 115, Rome, GA 30161; 404- focuses on representing clients in the transporta- 239-0305; Fax 229-723-4834; www.stonelaw.com. tion industry, including commercial motor vehicle LIN companies and motor carriers, drivers, specialty IN SAVANNAH haulers, bus lines and motor coaches, emergency and non-emer- Bouhan Falligant announced Ashley Henson joined gency transportation providers, and insurers. The firm is located the firm as an associate. She will focus her practice at 1180 W. Peachtree St. NW, Suite 2300, Atlanta, GA 30309; on civil litigation. The firm is located at One W. 404-962-1000; Fax 404-962-1200; www.smithmoorelaw.com. Park Ave., Savannah, GA 31401; 912-232-7000; Fax 912-233-0811; www.bouhan.com.

42 GEORGIA BAR JOURNAL HunterMaclean an- Georgia Bar Foundation Makes $2,000 Grant nounced that Allan C. Galis and Heather H. to the iCivics Committee of the State Bar Lundy were elected partners and Nicholas

GALIS J. Laybourn was named practice group leader for the firm’s specialty litigation group. Galis focuses his practice on Kitty Cohen, president of commercial disputes, the Georgia Bar Foundation, contract matters, real presents the $2,000 Fellows LUNDY estate disputes and grant check to Evelyn Davis, products liability. Lun- chair, iCivics Committee. (Left to right) Len Horton, dy focuses her practice executive director, Georgia on commercial disputes, Bar Foundation; Cohen; Hon. personal injury litiga- Dorothy T. Beasley; and Davis. tion, transportation The Georgia Bar Foundation award- the Board decided to assist the iCiv- matters and real estate LAYBOURN ed a $2,000 emergency grant to the ics Committee of the State Bar in litigation. Laybourn’s iCivics Committee of the State Bar this worthy program by giving them practice includes personal injury de- of Georgia. The funds were needed a Fellows grant. Helping to make sure fense, business litigation, real estate to bring a professional trainer of that our teachers are up to speed on and construction litigation, trucking Georgia teachers to the Annual Con- this excellent resource is a major litigation and medical malpractice ference of the Georgia Council for step toward having our children in- defense. The firm is located at 200 E. Social Studies in Athens, Oct. 12-13. formed. Educating our children is the Saint Julian St., Savannah, GA 31412; iCivics was started by Justice only way to ensure that our future 912-236-0261; Fax 912-236-4936; Sandra Day O’Connor in 2009 to try leaders are informed and know how our government functions. www.huntermaclean.com. to put civics education back in our ” nation’s schools. iCivics is an internet-based ap- IN GREENVILLE, S.C. According to Judge Dorothy Beasley, proach that uses video games to teach middle and high school Clawson and Staubes a member of the iCivics Commit- tee, “Justice O’Connor believes that students how democracy works. As LLC announced Jean- is her style, Justice O’Connor said marie Tankersley joined American citizens should be better acquainted with the structures of our it clearly: “The practice of democ- the firm as an associate. government, how it operates at vari- racy is not transferred through the Tankersley’s practice fo- ous levels and what their responsibili- gene pool. It must be taught and cuses on general defense ties and opportunities are as citizens.” learned anew by each generation litigation. The firm is located at 1000 of citizens.” Justice O’Connor has tapped into E. North St., Suite 200, Greenville, SC feelings shared throughout Georgia Evelyn Fletcher Davis, a partner 29601; 864-546-4393; Fax 864-232- and the nation. Robert Brinson, a in the firm of Hawkins Parnell 2921; www.clawsonandstaubes.com. lawyer in Rome, Ga., recently told Thackston & Young and chair of the Georgia Bar Foundation Executive iCivics Committee, responded to the IN HOUSTON, TEXAS Director Len Horton, “We have to grant by saying, “We are so grate- ful for this grant and the fact the Kilpatrick Townsend & Stockton an- get civics back in our schools so our future leaders fully understand Board of Trustees of the Georgia Bar nounced it has opened an office in Foundation understands why this is Houston. The practice will focus on our nation and how to get things done while preserving who we are. important and is supporting us.” the prosecution and defense of com- ” Brinson went on to suggest that he The Georgia Bar Foundation is the mercial, personal injury, real estate, hoped the fellows of the Georgia Bar charitable arm of the Supreme environmental, energy and insurance Foundation would take an interest Court of Georgia. To show how litigation across almost all substantive in supporting the iCivics Committee important the work of the iCivics areas of law. The firm is located at 700 and perhaps doing other projects to Committee is to our Court, Justice Louisiana St., Suite 4300, Houston, TX make sure our children understand Carol Hunstein is the honorary 77002; 281-809-4100; Fax 281-929- our government and how it works. chair of the iCivics Committee as 0787; www.kilpatricktownsend.com. Georgia Bar Foundation President well as the liaison justice to the Kitty Cohen said, “I am pleased that Georgia Bar Foundation. l

2017 DECEMBER 43 GBJ | Office of the General Counsel

File. What File?

BY PAULA FREDERICK

“Jenna Myers called,” your assistant client does not want the digital file that reports. “She wants a copy of her the lawyer has maintained, but insists on entire file.” receiving a paper file? “I swear we’ve sent her everything Georgia Rule of Professional Conduct twice already,” you say wearily. “But 1.16(d) does require that a lawyer “sur- there’s no point in arguing with her render papers and property to which about it—she has a right to her file even the client is entitled” upon termination though she fired us. At least we don’t of representation, but it is silent on this have the expense of mailing bankers’ particular issue. We in the Office of the boxes now that we’ve gone paperless. Just General Counsel typically advise lawyers email whatever she wants.” that they should plan to “surrender” the “There’s one problem,” your assistant file in the same format that the client de- replies. “She wants her cassette tapes livered it, although we find that often cli- back—you know, where she recorded ents are happy to accept a digital copy of those calls with her ex?” their file even when they brought paper “So?” you ask impatiently. to the lawyer. “We digitized them, attached them to A lawyer in a paperless office has an the electronic file and threw the original obligation to maintain important original cassettes away,” your assistant reminds documents and property. The office cer- you. “Her new lawyer is telling her she tainly should not destroy originals if it is needs the originals to prove her case.” foreseeable that the client will need them “I sure hope he’s wrong,” you muse. or if they are intrinsically valuable. Doing Must a lawyer maintain client docu- so could lead to civil liability and possibly ments and property in their original for- to claims of malpractice. mat? If not, what is the lawyer’s obligation The best bet for a lawyer who “scans to return “originals” to the client when and shreds” paper as it comes into the the representation ends? office is to notify clients in advance, The Georgia Rules of Professional so that they have the opportunity to Conduct certainly do not prohibit a law- object if they prefer that their file be yer from converting client documents to handled differently. l a digital format. Lawyers who maintain their records digitally find that they save time and money over the paper-driven Paula Frederick file management systems of the past. General Counsel But what if the client wants her origi- State Bar of Georgia [email protected]

nals back at some point? And what if the GETTYIMAGES.COM/ MARIUSZBLACH

44 GEORGIA BAR JOURNAL GBJ | Attorney Discipline

Attorney Discipline Summaries

Sept. 13 through Oct. 16, 2017 BY JESSICA OGLESBY

DISBARMENTS matter adverse to his client. In aggrava- “He who is his own lawyer Anthony Sylvester Kerr tion, the special master noted Kerr’s prior 4850 Sugarloaf Parkway, Suite 209-312 disciplinary history and his substantial has a fool for a client.” Lawrenceville, GA 30044 experience in the practice of law. His con- On Sept. 13, 2017, the Supreme Court duct violated Rules 1.16 (a), 1.16 (d), 5.5 of Georgia in Case Nos. S17Y1499, (a), 8.4 (a) (4) and 9.3 of the Georgia Rules Warren R. Hinds, P.C. S17Y1502 and S17Y1623 disbarred at- of Professional Conduct (GRPC). “An Attorney’s Attorney” torney Anthony Sylvester Kerr (State Bar In S17Y1502, Kerr was hired by a dif- No. 142346). In the first two cases, the ferent client in 2013 to represent her in • Bar Complaints • Malpractice Defense State Bar filed formal complaints regard- a civil matter concerning an automobile • Ethics Consultation ing representation of two clients in 2013 accident. The client paid Kerr $4,500 to- and 2014. In each case, Kerr answered the wards a $7,000 fee, and Kerr filed on the formal complaint but failed to respond to client’s behalf an answer and counterclaim the Bar’s discovery requests. in the civil case. Following this filing, the In S17Y1499, Kerr had previously re- client contacted Kerr on numerous occa- ceived an interim suspension for failing to sions to inquire about the case, but Kerr adequately respond in an unrelated disci- either did not respond or furnished the cli- plinary matter, from Oct. 6, 2014 to Nov. ent with misleading information regarding 4, 2014. During this suspension, Kerr was the case and his representation. The client hired by a woman to represent her hus- then unsuccessfully requested a refund and band in a criminal matter, but he failed filed a Bar grievance. The Bar issued a no- to explain to the client or his wife that tice of investigation to Kerr, but he failed he could not practice law because of his to timely respond under oath until nearly suspension, though the wife later learned three months later and received a third about the suspension from someone else. interim suspension, running in tandem 1303 Macy Drive The client’s wife requested a refund, but with the second. In mitigation, the special Roswell, Georgia 30076 Kerr failed to repay the money until she master noted that there were no proposed Call (770) 993-1414 filed a Bar grievance against him. The Bar factors. In aggravation, the factors were www.warrenhindslaw.com issued a notice of investigation; Kerr failed present in S17Y1499. His conduct violated to adequately respond until nearly three GRPC Rules 1.2 (a), 1.3, 1.4, 1.16 (d), 3.2, account fraud in violation of O.C.G.A. months later, resulting in a second in- 8.4 (a) (4) and 9.3. § 16-9-20 (b). Kerr was paid a $5,000 fee terim suspension. In mitigation, Kerr had In S17Y1623, the Bar filed a petition to represent a client in a dental malprac- proposed that there were other attorneys for the appointment of a special master tice case. The client asserted that Kerr available at his firm to handle the matter, upon learning of Kerr’s March 8, 2017, did nothing on her case. Kerr agreed to that the client had failed to pay Kerr’s fee felony conviction, pursuant to a nego- refund the money, but the check that he in full and that no action was taken on the tiated plea, for client-related deposit gave her could not be processed because

2017 DECEMBER 45 it was written on a closed account. Kerr client’s behalf aside from filing a bond vestigation, for which failure he was still then promised to reimburse her in two reduction motion and failed to commu- under suspension, see In the Matter of installments, but failed to do so. The nicate with the prosecutor regarding a Miller, S17Y0713 (Dec. 8, 2016); and he special master found that there were no plea offer on the basis that he was unsure had considerable experience in the prac- factors in mitigation of discipline, but if he still represented the client. Watkins tice of law. noted in aggravation that Kerr had re- failed to properly withdraw from the ceived five interim suspensions during representation, and the client apparently James Edward Rambeau Jr. the period from October 2014 to March remained incarcerated and unindicted. P.O. Box 2403 2017 in unrelated matters; that Kerr had Watkins’s conduct violated GRPC Norcross, GA 30091-2403 failed to fully acknowledge the wrong- Rules 1.2, 1.3, 1.4, 1.5 (a) (4), 1.16, 3.2 On Oct. 16, 2017, the Supreme Court of ful nature of his conduct; that the victim and 8.4 (a) (4).Aggravating factors were Georgia disbarred attorney James Edward was vulnerable; and that Kerr had shown multiple offenses, prior discipline, sub- Rambeau Jr. (State Bar No. 592845). Ram- an indifference to making restitution. stantial experience in the practice of law beau failed to file a Notice of Rejection of and disregard of the disciplinary process. a Notice of Discipline filed against him in James Edward Watkins Sr. three underlying grievances and served by 18 Atlanta St. Brenden E. Miller publication after he failed to respond to ser- McDonough, GA 30253 2940 Nightfall Terrace vice mailed to the post office box address On Oct. 2, 2017, the Supreme Court of Douglasville, GA 30135 on file with the State Bar’s membership Georgia disbarred attorney James Edward On Oct. 16, 2017, the Supreme Court department. He was found to be in default. Watkins Sr. (State Bar No. 740430). Wat- of Georgia disbarred attorney Brenden The facts, as deemed admitted by vir- kins failed to file answers to the formal E. Miller (State Bar No. 506214). The tue of Rambeau’s default, show with regard complaints in two disciplinary cases for State Bar served a Notice of Discipline on to State Disciplinary Board (SDB) Docket his deficient representation and abandon- Miller by publication after unsuccessful No. 7020 that, in April 2015, a client hired ment of two unrelated clients, and was attempts to serve him at his address listed Rambeau to represent her in a civil suit found to be in default. with the Bar. Miller failed to file a Notice filed in Fayette County Superior Court. The first client paid Watkins $500 in of Rejection as to this disciplinary matter, He entered an appearance, but thereafter March 2015 to represent her in a con- and was found to be in default. failed to take any action, to appear at any tempt action against her homeowners By virtue of default, Miller admitted hearing or to seek permission to withdraw, association (HOA). Over several months, that he filed a petition for relief for a client effectively abandoning the client’s case. His the client unsuccessfully tried to contact in federal bankruptcy proceedings, but the conduct violated GRPC Rules 1.2 (a), 1.3, Watkins for an update on her case. In July client was thereafter unable to reach Mill- 1.4 (a) (4), 1.16 (c) and 9.3 2015, the client went to Watkins’ office er. The client then contacted the bankrupt- In SDB Docket No. 7021, a client hired to inquire about her case and, dissatisfied cy trustee, who wrote to Miller requesting Rambeau in April 2015 to represent her in with his lack of work on the case, asked that he contact his client to assist her, but an employment discrimination case. Al- for a refund. Watkins sent her a letter the client, who was hospitalized at the time though he filed suit on the client’s behalf demanding she never come to his office and continued to be unable to reach Miller, against her employer, he never served the again. Later, Watkins sent the client a bill was allowed to file a motion pro se. The employer with the summons and complaint for services, a copy of a June 20, 2015, let- bankruptcy court then entered an order di- and therefore the magistrate judge issued a ter from him to the HOA and a copy of recting Miller to confer with his client and, report recommending that the action be an undated contempt motion; the client if necessary, file an amended motion, and dismissed. After the client learned of that had not been copied on the June 20 letter the trustee again sought to contact Miller recommendation on her own, Rambeau allegedly sent to the HOA. Watkins told about the status of the matter, but he failed filed an objection to the report and was the client that he had filed the motion for to respond. The court then entered an or- granted additional time in which to serve contempt and performed other work on der sanctioning Miller and suspending him the client’s employer. Though the client the case, but he had not; he failed to com- from filing cases until he appeared and had given Rambeau the funds to pay for municate with the client, or to take any showed cause, but he failed to respond to the expenses of service, he failed to serve action on her behalf. the order, to contact his client or to seek to the employer and the case was dismissed in Watkins was appointed to represent be removed from the case. Miller’s conduct September 2016. Rambeau never told the the second client in a criminal case in violated GRPC Rules 1.2 (a), 1.3, 1.4, 1.16 client about the dismissal order, and failed November 2015 to Watkins, and he en- (c) and 3.2. to refund any of the money she had paid or tered an appearance. The client had an In aggravation, Miller received a prior to account to her for those payments. His $8,000 bond at the time. Watkins did 12-month suspension for his neglect of conduct violated GRPC Rules 1.2 (a), 1.3, not file any other motions on the client’s another client’s bankruptcy matter, see In 1.4 (a) (4), 1.15 (I) (c), 1.16 (d) and 9.3. behalf. He failed to communicate with the Matter of Miller, 291 Ga. 30 (2012); In SDB Docket No. 7022, Rambeau the client, take any other action on the he failed to respond to the Notice of In- maintained an IOLTA account at BB&T

46 GEORGIA BAR JOURNAL Bank. In 2016, the Bank twice notified the REVIEW PANEL REPRIMAND she had withdrawn, which Clyatt did in Bar that checks written by Rambeau were Melissa M. Clyatt May and June 2014. not paid because of insufficient funds. 111 Woodrow Wilson Drive In mitigation, the special master noted Rambeau failed to respond to the Bar’s Valdosta, GA 31604 that Clyatt had no prior disciplinary re- Trust Account Overdraft Coordinator’s Oct. 16, 2017, the Supreme Court of cord; that she did not have a dishonest request for an explanation, leading the Georgia imposed a Review Panel Rep- or selfish motive; that she made a timely Investigative Panel to initiate a grievance, rimand on Melissa M. Clyatt (State Bar good faith effort to make restitution and to which he failed to respond. His conduct No. 006110). A former client of Clyatt had paid interest per their agreement in violated GRPC Rules 1.15 (I) (a), 1.15 (I) recorded a videotaped statement in May the interim; that she displayed a coopera- (c), 1.15 (II) (a) and (b), and 9.3. 2014 conveying her grievance. The cli- tive attitude towards the disciplinary pro- ent died, however, in May 2015, and the ceedings; that she has exhibited remorse; David Wesler Fry formal complaint against Clyatt was not and that a rare, personal relationship had 10 Indian Cove Road filed until May 2016. Although the parties developed between Clyatt and the client, Augusta, GA 30909 engaged in extensive discovery, the death which greatly benefitted the client. In ag- On Oct. 16, 2017, the Supreme Court of of the former client greatly impacted the gravation, the special master noted only Georgia disbarred attorney David Wesler ability of the parties to marshal the rele- Clyatt’s considerable experience in the Fry (State Bar No. 278690). As set out in vant evidence and left several issues about practice of law. Because of the greater an earlier opinion, in March 2012, Fry en- the admissibility of certain evidence. As a weight of the collected mitigating factors tered a guilty plea in the Superior Court of result, the parties agreed on a set of stipu- and the absence of evidence of malice, de- Richmond County under North Carolina v. lated facts under which they agreed the ceit or bad faith, the special master found Alford and the First Offender Act, to two matter would be adjudicated. that a Review Panel reprimand is the ap- felony counts of bribery of county com- According to the stipulated facts, in propriate sanction in this matter, and the missioners. He was sentenced to five years’ 2006, Clyatt began representing the cli- Court agreed. probation on each count to be served con- ent in a catastrophic workers’ compen- currently. Fry’s probation was terminated sation case, which settled in November INDEFINITE SUSPENSION in October 2016, and he was discharged 2013. During the course of her repre- Vincent Chidozie Otuonye without an adjudication of guilt, as is al- sentation, Clyatt’s relationship with the P.O. Box 13231 lowed by the First Offender Act. client evolved into a more personal re- Atlanta, GA 30324 After remand, the special master held lationship. At the client’s request, Clyatt On Oct. 16, 2017, the Supreme Court a hearing at which Fry testified and pre- assisted the client in setting up accounts of Georgia accepted Vincent C. Otuonye’s sented evidence. The special master then for the settlement proceeds, and at the (State Bar No. 555470) voluntary suspen- found that, by virtue of his plea, Fry had client’s request placed both her name and sion of his license to practice law pending violated GRPC Rule 8.4 (a) (2). In aggra- the client’s on the accounts. Clyatt and the the outcome of an appeal of his criminal vation, the special master found that Fry client agreed that the client would allow conviction. was an experienced member of the Bar. In her to use the settlement money, in re- On April 20, 2017, Otuonye was con- mitigation, Fry lacked a prior disciplinary turn for which the client would receive a victed in the Superior Court of Mitchell history, suffered personal and emotional set monthly amount as interest, and Cly- County on one felony count of Criminal problems for which he had sought treat- att would return any principal amount Attempt to Furnish Prohibited Items to ment and that there was substantial de- borrowed upon request. However, this Inmates in violation of O.C.G.A. § 42-5- lay in the disciplinary process. Noting agreement was never reduced to writing, 18. Otuonye recognized that his convic- that the case involved no potential or and the client was not informed that she tion, which constitutes a violation of Rule actual injury to a client in the traditional could and should seek the advice of inde- 8.4 (a) (2) of Bar Rule 4-102 (d), would sense, the special master recommended pendent counsel before entering into such make him subject to the provisions of Bar a one-year suspension with conditions an arrangement, in violation of GRPC Rule 4-106. Stating that he has initiated for reinstatement. The Court disagreed, Rule 1.8. In February and March of 2014, an appeal of his conviction, however, noting that Fry has shown no remorse Clyatt wrote several checks for large dol- Otuonye filed this petition requesting that for his crimes, and emphasizing that one lar amounts against the account and paid the Court suspend his license pending the important purpose of disciplinary ac- the client the agreed-upon amounts in resolution of his appeal. l tion involves protection of the public’s interest. In late March, the client suffered confidence in the legal system. It held a severe health event that necessitated a that Fry’s acts not only indicate that he is hospitalization and additional nursing Jessica Oglesby unqualified to practice law due to un- and hospice care from the time she was Clerk, State Disciplinary Board professional conduct, but also that they discharged until her death in May 2015. State Bar of Georgia gravely denigrate public confidence in In May 2014, the client called Clyatt and [email protected] the legal system. asked her to return the principal amounts

2017 DECEMBER 47 GBJ | Legal Tech Tips

Legal Tech TIPS

BY NATALIE R. KELLY AND MICHAEL MONAHAN

GETTYIMAGES.COM/SOYONILLUST

Medisafe straightforward actions and resources iGive Gifts 1medisafe.com (not advice) to help them resolve legal 5www.lookingglass.mobi/gifts You’ve been prescribed a number of issues. Check it out and share it with a iGive Gifts helps you track your gift medicines, but they can’t work if you veteran you know. ideas for the holidays and throughout don’t take them. Medisafe is an app that the year, received gifts, upcoming events educates you about your conditions and and, most important, your holiday medications and offers progress reports TED Talks for Lawyers budget. Free in the iTunes store. and tips, as well as a “virtual pillbox” 3www.ted.com/topics/law where users can see what medications TED is a nonprofit devoted to spreading they’ve taken and what’s due to be ideas, usually in the form of short, Office 365 Groups taken next. Medisafe also offers digital powerful talks. There are currently 48 law- 6Office 365 is spreading its wings, reminders to take your medicine, and related topics in the TED Talks collection. and even though the service has now allows you to designate a “Medfriend” become very popular among law offices, who will be alerted if your compliance the functionality within the service’s slips and can help keep you on track. YouTube and the Lawyer in You platform has gotten smoother thanks to Medisafe is available for iOS and 4youtube.com/user/tipsforlawyers Groups and its ability to let users create Android. #LawyersLivingWell You can use YouTube to make life and a shared resource block for an Outlook work better—marketing, organizing inbox, shared calendar and document client education and more. www. library. Office 365 Groups are available Veterans Legal Checkup TipsforLawyers.com has set up a for 365 users who have Exchange Online 2veteranslegalcheckup.com YouTube channel to help lawyers and SharePoint Online. It allows users Do you know a veteran? Legal incorporate video into their practices to work on documents, project plans, Checkup™ helps veterans identify legal for marketing and community outreach. meetings and even email together. Users needs in their lives and gives them Watch a few of the videos and see what with Exchange-Only 365 plans can use you think. a shared inbox and calendar. Ultimately, Office 365 Groups is a collaboration tool you don’t want to miss out on.

Cortana 7www.microsoft.com/en-us/ windows/cortana Think all this talk about AI (Artificial Intelligence) and ML (Machine Learning) is interesting? Then you may be shocked to learn that it’s coming

48 GEORGIA BAR JOURNAL Don’t forget that keeping machines

updated and having three forms of GETTYIMAGES.COM/JANE_KELLY backup checked via a regular restore routine can go a long way to help Testimonial prevent being out of business for long periods of time if you are subject to a ransomware attack.

VPNs (Virtual Private 9Networks) standard on Windows machines with VPNs are getting more attention as the Cortana service. Cortana not only users seek more ways to safely navigate Linda Klein the increasingly dangerous Internet, Baker Donelson allows for easy—and voice-activated— Bearman Caldwell searching on your newer Windows especially when working away from the & Berkowitz PC, machines, but she learns about your office. For users needing access to their Atlanta Windows-based activities and can make office network—or any other network suggestions and provide additional that needs more secure access—a virtual Veterans Legal Checkup information like telling you about private network can provide a secure veteranslegalcheckup.com an upcoming meeting and providing tunnel which encrypts information I urge all lawyers and the directions before you need to leave for being sent between remote computers veterans they know to visit the the meeting location. The machines are and devices and your office network. American Bar Association’s truly already here! Check out VPN services from reputable veteranslegalcheckup.com, an companies like NordVPN, TunnelBear easy-to-use first step to solve VPN, KeepSolid, PureVPN and Private access-to-justice issues of an often- Ransomware Prevention Internet Access VPN if your firm does overlooked population. Legal 8www.nomoreransom.org not already provide such access. Checkup for Veterans provides It’s not unheard of for law firms to free and fast help to identify report their systems have been victims veterans’ legal needs and clear of a ransomware attack these days. To Virtru Encryption paths to resolution. learn more about how you can prevent 10www.virtru.com such malicious online activity and not be Virtru is a cloud-based encryption duped into paying a ransom from which service for email and documents on you many not recover the decryption Google and Microsoft platforms. The key to your computers’ data, you should service also protects information within check out the help being provided at Office 365. The service boasts HIPPA the website, No More Ransom. The site compliance, administrative controls and provides a list of common ransomware auditing for optimal data security and and links to decryption tools for each. e-discovery needs.

2017 DECEMBER 49 GBJ | Law Practice Management

Managing a law practice is hard work, but the task can be made more palatable by Tips for Practice exercising sound management principles and continually striving for improvement. Management Success As you work toward firm goals in 2018, keep these tips in mind to reach greater levels of success in your professional life in 2018 and practice.

As you work toward firm goals in the New Year, keep these tips in mind Plan for your firm’s to reach greater levels of success in your professional life and practice. 1management. BY NATALIE R. KELLY Don’t go into 2018 without a written plan. Even if it’s only a few bullet points GETTYIMAGES.COM/CN0RA

50 GEORGIA BAR JOURNAL about things you want to accomplish is a very broad area to cover in practice uate themselves; ways for you to point out over the next 12 months, you should management, so be diligent and set real- your staff’s weaknesses and to set goals for write down what you expect to achieve. istic goals for proper system selection, im- improvement; and ways for you and your Statistics from Cecil Alec Mace’s work plementation, training and usage. Track staff to track progress in reaching identi- from 1935 have led researchers to point your progress and get additional training, fied developmental goals. out that people with written goals are 50 if needed. percent more likely to achieve than peo- ple without. It is also interesting to note Focus on firm financials. that 92 percent of New Year’s goals fail Don’t ignore yourself. 7An area for continued improve- by Jan. 15. We would advise creating a 4The State Bar of Georgia’s Wellness ment for most firms is in the arena of firm management plan that includes ac- Program is one of the more prominent financial management. Even if there tion items for each month and schedule reminders that you must take care of are procedures in place that ensure bills quarterly reviews to track your progress. yourself. Utilize the service to get in touch are sent and clients understand what is with yourself as well as to work on your expected of them financially, many law- overall physical and mental well-being. yers struggle with understanding how to Challenge your “but we’ve Check out books like “Yoga for Lawyers” properly set up and maintain their cli- 2always done it this way” and other health-focused titles from the ent trust accounts, or have not figured procedures. Law Practice Management Program. Do out a strategic way to increase revenue Don’t fall into the trap of managing things like walking more each day or us- without raising their hourly rates or things a certain way in your practice ing a standing desk to move from a sed- flat fees. Using the data from previous simply because that’s the way things entary lifestyle to one of more movement clients’ bills and from your bookkeeper have always been done. While we are and purpose. or accountant, you should be able to set not believers of doing things just for the realistic financial goals for your practice, sake of doing things or fixing what isn’t i.e., 4 percent increases in revenue over broken, we do advocate that you should Leverage knowledge gained the next quarter with new marketing take time to review and reflect on your 5from CLE programming and campaign or increase lawyer income by current practices and any tracked data events. $1,500 over the next six months. to determine what is working and what It can often be hard to gain traction with Begin 2018 with a written budget for the needs to be changed. Head into 2018 ask- what you learn at continuing education firm. Review the various aspects of your ing yourself, “Why have we always done programs, conferences and events. Chal- firm’s financial operations and take incre- things this way?” lenge yourself to take away at least three mental steps toward improving rates of re- things from every session or program you turn with effective billing and accounting attend and follow up on them within the procedures. Keep your focus on improve- Don’t ignore technology. first quarter of the event. Learn to take ment for all of your firm’s numbers. 3The focus on cyber security and data what you now know and make it a part While none of these tips can guarantee protection looms as one of the first things of your practice going forward. Growing practice management success, you can use you should concentrate on in 2018. It’s from what you learn is a great way to ex- them to make steady progress in your law likely you aren’t ignoring technology to pand in 2018. practice in 2018 and beyond. If you need begin with, but go that extra mile to en- help with any forms, checklists, articles or sure you take an even broader approach other information in the New Year, those to protecting client information than just Upgrade your performance resources are available to you through protecting your email systems. Review 6evaluation process. the State Bar’s Law Practice Management all the technology you use to make sure Take your evaluation process more seri- Program. Happy New Year! l it is providing you with the level of ser- ously and leverage it as a tool to help fur- vice required to best manage your case- ther develop staff in the new year. Mini- load and valuable information. Consider mize the complaint of staff not producing Natalie R. Kelly your devices and the procedures in place work the way you need them to or not Director, Law Practice for using them. Look at your physical data growing in their positions. Review your Management Program storage and the procedures for accessing performance evaluation procedures to State Bar of Georgia and using this information. Technology make sure there are ways for staff to eval- [email protected]

2017 DECEMBER 51 GBJ | Pro Bono

Service to the Community, a Gift to the Profession

The Access to Justice Committee and the Pro Bono Resource Center of the State Bar of Georgia confer several annual pro bono awards for outstanding service to the profession and the public. BY MIKE MONAHAN

The 2017 Pro Bono Awards reception was held on Nov. 15, at the Glenn Hotel SkyLounge with State Bar president Brian D. “Buck” Rogers delivering the awards. Ashley Akins, a member of both the Bar’s Access to Justice Committee and the YLD’s Pro Bono Committee, emceed the event. In place of the Pro Bono column in this edition of the Bar Journal, I present to you the recipients of the 2017 State Bar of Georgia Access to Justice and Pro Bono Awards. On behalf of the Access to Justice Committee and the Pro Bono Resource Center, I thank these dedicated lawyers and law students for improving the justice system for Georgians who need critical legal help and for enhanc- ing the profile of the Georgia lawyer. We appreciate you and your commitment to pro bono publico services.

H. Sol Clark Award The H. Sol Clark Award is named for former Georgia Court of Appeals Judge Clark of Savannah, who was known as the

State Bar President Brian D. “Buck” Rogers presents the H. Sol Clark award to Julia H. Sullivan, Stone & Sullivan, LLC, Savannah. PHOTOS BY TINA HALL PHOTOGRAPHY

52 GEORGIA BAR JOURNAL “father of legal aid in Georgia.” The Clark award honors an individual lawyer who has excelled in one or more of a variety of activities which extend legal services to PRO BONO STAR STORY the poor. This year’s recipients were Hon. Catherine Salinas, U.S. District Court MIKE MONEY Magistrate, Atlanta; and Julia H. Sullivan, Stone & Sullivan, LLC, Savannah.

Mike Money Edwards McLeod & Money PC William B. Spann Jr. Award Douglasville, Ga. The Spann Award is given each year ei- ther to a local bar association, law firm or a community organization in Georgia which has developed a pro bono program Mike Money has worked as a part- not a simple volunteer case after that has satisfied previously unmet needs ner at Edwards, McLeod and Mon- all. The grandmother was seek- or extended services to underserved seg- ey P.C. since 1997. The Douglasville ing custody of her grandson for a ments of the population. The award attorney practices in the areas of number of reasons: public school, is named for a former president of the family law, criminal law, probate public assistance, health insur- American Bar Association and former ex- law and general civil litigation. ance, health care and the need to ecutive director of the State Bar of Geor- He graduated from Georgia State limit negative influences from the gia. This year’s recipient was the Georgia University College of Law in 1996 child’s parents. Appleseed Center for Law and Justice. after earning his B.A. in English at Neither parent consented to Auburn University in 1987. the petition as neither wanted to Mike was introduced to public be liable for child support. The A Business Commitment Award interest work in 1988 while a para- grandmother prepared a list of The Pro Bono Business Law Award hon- legal at King & Spalding. He has “please admits” for Mike that ors the business law pro bono contribu- volunteered with a variety of orga- he used in drafting and serving tions of an individual lawyer, corporate nizations including Georgia Legal Requests for Admissions upon legal department or law firm to the non- Services Program, the AIDS Legal the Respondents. Those requests profit community development sector Project, Cystic Fibrosis Foundation, coupled with unanswered discov- in Georgia. This year’s recipient was the Habitat for Humanity and Doug- ery led to the court granting the Atlanta Office of Troutman Sanders LLP. las County’s Special Olympics. He grandmother’s Petition for Cus- served as an officer in the Douglas tody, which will now provide her County Bar Association, and was 8-year-old grandson the stability Dan Bradley Award president from 2006-08. He was he needs to flourish and be cared The Dan Bradley Award honors the the attorney coach of Alexander for the way he deserves. commitment to the delivery of quality High School’s mock trial team for Like most lawyers in smaller legal services of a lawyer of Georgia Le- 11 years, advancing to the state law firms, Mike can’t afford to gal Services Program or the Atlanta Le- competition in five of those years. provide this level of service on a gal Aid Society. The award honors the Mike recently volunteered with pro bono basis all the time. He memory of Georgia native and Mercer Georgia Legal Services to handle has helped Georgia Legal Services Law graduate Dan J. Bradley, who was a guardianship issue on behalf of Program with several matters president of the federal Legal Services a paternal grandmother who had over the years, but none required Corporation. This year’s recipient was expressed a need in gaining some this level of attention. Mike Michael Tafelski, Georgia Legal Services legal authority over her grand- believes that “all of us attorneys Program, Inc., Atlanta. son. He quickly decided that the can do a little bit more, even on grandmother needed more than our tighter budgets, to make the a guardianship. Suddenly it was world a better place.” l Law School Excellence in Access to Justice Awards Created by the State Bar of Georgia Ac- cess to Justice Committee, the Law School Excellence in Access to Justice Award is

2017 DECEMBER 53 (Left to right) Jennifer A. Huber (1L), 1L representative, Emory Law IRAP Sharon Hill, executive director, Georgia Appleseed, and John H. Chapter; Christina Zeidan (3L), past president of Emory Law IRAP Fleming, partner, Eversheds-Sutherland LLP, receive the Willam B. Chapter; Fiona O’Carroll (3L), president, Emory Law IRAP Chapter, Spann Jr. Award on behalf of the Georgia Appleseed Center for Law receive the Law School Excellence in Access to Justice Award and Justice from President Brian D. “Buck” Rogers. (Left to right) Hill, on behalf of the Emory Law School Chapter of the International Rogers, Fleming. Refugee Assistance Project from President Brian D. “Buck” Rogers. open to all law students currently enrolled legal needs or extended services to under- sistance Project. The Law School Excel- in or graduating from an accredited Geor- served segments of the population. The lence in Access to Justice Group Individual gia law school and the all student groups Group Award also specifically recognizes Student Award was presented to Meghan of Georgia law schools. a law student-led group or activity that Flanagan, University of Georgia; Andrew The Law School Excellence in Access has demonstrated an effective mechanism Navratil, Georgia State University College to Justice Awards recognize an individual in addressing the civil legal needs of the of Law; and McKinley Anderson, Georgia law student and a law student group or community or that has demonstrated a State University College of Law. l group activity. The Student Award spe- high level of participation and commit- cifically recognizes a law student who has ment of its members to provision of civil excelled in participation in support of a legal services to the poor in the commu- Mike Monahan civil pro bono or legal aid program or who nity. The 2017 Law School Excellence in Director Pro Bono Resource Center has developed or has been instrumental Access to Justice Group Activity Award in the development of a civil pro bono was presented to the Emory Law School [email protected] program satisfying previously unmet civil Chapter of the International Refugee As-

54 GEORGIA BAR JOURNAL “And Justice for All” 2017 State Bar Campaign for the Georgia Legal Services Program, Inc. If You Don’t Stand for Justice for All, Who Will? Give Today at www.glsp.org (Click on Donate Now)

The Culver family was evicted from their home when the landlord failed a federal inspection. The landlord responded by evicting the Culvers and denying the return of their security deposit. With legal assistance from the Georgia Legal Services Program (GLSP), the Culvers had the wrongful eviction reversed, maintained their housing and clean credit rating, and received treble damages against the landlord for the failure to return the security deposit. GLSP’s involvement was vital in keeping this family together. Evictions can be complicated and detrimental to the stability of working families. Homeless families lose jobs looking for another place to live. Their children miss school for long periods that often lead to dropping out. With few other affordable housing options, homeless families relocate to housing that is not better, but has more housing problems, or they move into neighborhoods that are not safer, but have higher crime rates. They pay up to 80% of their incomes for rent to live in housing that is usually indecent or substandard, because too many landlords fail to maintain the properties and pocket the cash, instead, for their own benefi t. GLSP’s work on eviction cases maintains housing and keeps families together. 2017 “And Justice for All” State Bar Campaign for the Georgia Legal Services Program®

Please give at www.glsp.org (click on Donate Now) and help more vulnerable clients obtain justice and opportunities out of poverty.

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 name and photo do not necessarily represent the actual client. GBJ | Member Benefits

Fastcase 7: Checking Your Citations

Fastcase training classes are offered three times a month at the State Bar of Georgia in Atlanta for Bar members and their staff. Training is available at other locations and in various formats and will be listed on the calendar at www.gabar.org. Please call 404-526-8618 to request onsite classes for local and specialty bar associations. BY SHEILA BALDWIN

Fastcase is the legal research tool pro- No editor is organizing, editing or how to check your cases and find more vided as a member benefit to all mem- creating summaries or headnotes in Fast- relevant material using this feature. bers of the State Bar of Georgia. Access case. Instead, Fastcase has an amazing al- During your initial search you en- to Fastcase is available through the mem- gorithm that displays all cases that cite to ter the terms (testimon* or marital) /3 ber account login on the Bar’s website. your case and provides hyperlinks to oth- privileg* and (spouse or wife) within Often people ask how Fastcase differs er cases citied within the case and makes Georgia and find 108 cases. White v. State from other legal research services. They it easy to find the exact paragraph where is the most relevant and has been cited also want to know if it can Shepardize a your case is cited. Within Authority a number of times. At the far right of case. This article will address these ques- Check, Bad Law Bot flags cases for which your screen you will see two numbers tions and outline a good approach to it sees negative treatment; however, Fast- both having links to all cases that cite to citation checking. case itself warns, “This is not a complete White v. State (see fig. 1). The hyperlinked Fastcase is a fully electronic search citator like Shepard’s.” Importantly, Au- numbers correspond to the number of engine that uses algorithms to find cases thority Check only lists later citing cases times the case was cited in the Fastcase based on relevance, date decided and case in the Fastcase database. database. The “entire database” column name. It also finds all later citing cases and Suppose you find a case that seems to refers to all cases that cite to your case creates a “super relevant” subset of those be relevant and highly cited. How do you and the “these results” column is a subset cases found within my search results. Un- check to see if it is still good law? Begin of those cases that are also in your search derstanding how to create a good query this process by using Authority Check, results, thus making them the most rele- using Boolean terms and connectors which is available from your results vant cases. By clicking on the hyperlinked brings the most valuable results. In addi- screen or from the document view of the number under “these results,” Authority tion to locating cases, the database con- case. Authority Check displays a hyper- Check opens to display five cases that cite tains relevant legal materials such as stat- linked list of later-citing cases to let you to White v. State and are also in the initial ues, rules, law reviews and other materials see when your case was cited and how it search results. The report is designed in accessible through your State Bar account. was treated. The following steps describe such a way that makes analysis easy. At

56 GEORGIA BAR JOURNAL 1 2

3 4

the top of the screen you can see the case no negative history that does not necessar- the entire case in the document view so name and parallel citations with a link ily mean that your case is good law” (see you can read it in context. At this point, to view the case as well as a link that al- fig. 3). Carefully review any case with you should have a good idea if you have lows you to easily broaden the search to this designation to determine if it does a good case, and you may have gathered include all cases in the Fastcase database represent negative history on your point other relevant cases or information to (see fig. 2). of law. If not, the case in question may complete your research. The Interactive Timeline on the left still support your case. In our example Fastcase is a great member benefit. If side of the screen features a variety of of White v. State, there are no citing cases you are not getting the greatest advan- options to filter your citing cases in three that indicate negative treatment. Instead tage from using it for your research you dimensions so you see your case mapped we find a list of all Citing Law Reviews may want to schedule a training. Visit out in a visual timeline. By clicking on a which will be useful to gain more com- the calendar on the Bar’s website to sign link, the timeline opens to give full ac- plete or relevant information to prove up for a webinar by Fastcase experts or cess. A summary at the right of the time- our case. Notice that Fastcase points you choose to attend a live training at the line breaks down the number of times to the exact paragraph that discusses Bar. CLE credit is available for either the case has been cited by jurisdiction. your case within the law review article option. Please feel free to contact me at It also conveniently shows the last date for quick review. [email protected], or call 404-526-8618 your case was cited. Below the law reviews is a list of all with any questions. l Below this area you may see a yellow citing cases (see fig. 4). The cases are highlighted area where cases that indi- listed with the most recent at the top cate negative treatment are flagged using and a filter is included that allows you to Sheila Baldwin the Bad Law Bot icon and a red flag and narrow to a single jurisdiction. Author- Member Benefits Coordinator State Bar of Georgia the warning that “this is a limited form ity Check makes it easy to view the five of negative history. . . . Bad Law Bot uses cases by showing the paragraph that cites [email protected] algorithms, not human editors. If you see your case and giving an option to open

2017 DECEMBER 57 GBJ | Writing Matters

Artificial intelligence is here. Netflix suggests movies that you might like to Augmenting Your watch. It analyzes what you have watched in the past, identifies the movies that oth- ers have watched similar to yours and sug- Research, Writing and gests those to you. Amazon does basically the same thing when suggesting products Editing With Artificial you might like to purchase. Those are just two examples, and the use of artificial in- telligence is going to continue to increase. Intelligence This installment of “Writing Matters” showcases the role that artificial intel- ligence can play, now, in legal research Whether research and writing can ever fully be automated is not yet clear, and writing. but lawyers need to be aware that the future will require us to rely upon Artificial intelligence has long been artificially intelligent systems to deliver better written work, at lower present in legal research. When was the prices, to our clients. last time you physically picked up the BY KAREN J. SNEDDON AND DAVID HRICIK Shepard’s books and “Shepardized” cases through the maroon books, then the yellow ones and finally the pocket parts? (Does that order sound familiar? If not, we understand. It has been a while!) To- day, you likely instead use an online legal research service which instantly displays the results of an automated analysis, ex- plaining the subsequent history of a case with details including whether it was simply cited, analyzed and explained, and how deeply. Artificial intelligence in legal research is combining with artificial intelligent writing. This is happening, now. For example, in October 2017, Lexis intro- duced “Lexis Answers.” No longer do you run a search and then read the cases and write a synthesis of the law: Lexis will do that for you. Likewise, there are services available already which “write” legal memoranda, review contracts and provide feedback on various forms of legal writing. We will identify and describe a few of these services. Some predict that these services may someday replace lawyer writing and review. When and whether this may happen is unclear. But the po- tential—today—for these services to aug- ment research, writing and review is

GETTYIMAGES.COM/WIGGLESTICK already apparent.

58 GEORGIA BAR JOURNAL Forensic Analysis Consultations

Examples of Artificial QUESTIONED DOCUMENTS ANALYSIS Intelligence Available for (Handwriting) Legal Research and Writing Former: Police Academy Professor–FBI Academy Graduate Contract Review Systems University Professor in Criminal Justice at the Master Program Most contracts, of course, are performed Doctoral and Master degrees in Criminal Justice without dispute or controversy. Thus, the Qualified Expert by State & Federal courts in more than 400 cases time spent reviewing each contract needs to be short given the unlikely potential for Free Consultations—45 years of experience—English & Spanish any mistake to truly matter. New services Tel. 787-617-2836 Email: [email protected] automate review and help to identify po- tential problems for lawyer review. (This, in turn, reduces the transaction costs.) Memorandum Writing. Yes, Writing. David Hricik is a professor One of those services is Lawgeex.com. Although still in their infancy, services at Mercer University School For a monthly fee, a lawyer can submit like Ross Intelligence actually provide of Law who has written contracts for an artificially intelligent sys- written memorandum, not just provid- several books and more than tem to review. The system allows lawyers ing legal research results. One lawyer who a dozen articles. The Legal Writing Program at Mercer continues to input specific polices that their client used the services said that the result was to be recognized as one of the nation’s requires, submit a contract and receive “indistinguishable from a memo written top legal writing programs. a report that identifies clauses that have by a lawyer.” general problems or violate those polices. Lexis has developed “Lexis Answers” as ENDNOTES Supposedly, it can reduce the time to re- a similar product. Like Ross’s service, it 1. A concise video explaining in the view a contract by 80 percent. The service augments legal research, and along with context of legal research of what should be viewed as a tool for lawyers and the search results, it includes a “card” con- artificial intelligence, and machine a benefit to clients: it allows lawyers to taining a summary of the law disclosed in learning, are, is available here: https:// focus their time and judgment on fixing those cases. vimeo.com/223300703. problems, not spotting them. 2. Document assembly programs has been in widespread use for decades and may Legal Research Conclusion be used to create a variety of documents. For several years now, the larger online Whether research and writing can ever For an exploration of document assembly legal research services have been using fully be automated is not yet clear. Just as programs, see Henry J. Lischer, Jr., et al., What is Document Assembly?—Document artificial intelligence. For example, when Netflix and Amazon’s recommendations Assembly Compared with Traditional Forms search results are displayed, Westlaw are not always accurate, automation has of Document Preparation, 16 West’s Legal indicates that it has identified additional yet to replicate the nuances possible by Forms, Estate Planning § 3.4. See also Carol cases that, while not responsive to the human review, thought and writing. L. Schlein, Take Your Document Production search, it “thinks” are relevant to the is- The good news is that Skynet is not yet Further: Document Assembly Software Can sue you are researching. self-aware, but lawyers need to be aware Help Remove Tedium & Risk from Drafting, Enter RossIntelligence.com. This ser- that the future will require us to rely upon 24 No. 17 Law. PC 5 (June 1 2007). vice relies upon artificial intelligence to artificially intelligent systems to deliver 3. A white paper on the Ross Intelligence augment user searches to a much greater better written work, at lower prices, to web page reports this information. extent. The service states that it can re- our clients. In future installments, we will 4. Steve Lohr, A.I. Is Doing Legal Work. duce research time by about 25 percent. discuss other services and systems, and But It Won’t Replace Lawyers, Yet, N.Y. Times March 19, 2017) (available here: The good: more lawyer time can be billed address their limitations. l https://www.nytimes.com/2017/03/19/ rather than written off as “inefficient.” technology/lawyers-artificial- The bad: we may need fewer lawyers. intelligence.html?_r=0_). And the service reports that the amount Karen J. Sneddon is a of efficiency gained will only increase as professor of law at Mercer the system “learns” more about legal re- University School of Law. search and the law.

2017 DECEMBER 59 GBJ | Professionalism Page

Educational Interventions to Cultivate Professional Identity in Law Students: 17th Annual Georgia Symposium on Professionalism and Ethics

The goal of the symposium was to explore effective ways to intervene in a student’s legal education, through courses or otherwise, to try to cultivate the right kind of professional identity. BY PROF. PATRICK E. LONGAN

In 1999, Hon. Hugh Lawson, now a years later, Mercer Law School responded Senior U.S. District judge for the Middle to that call and added a first-year required District of Georgia, oversaw the settle- professionalism course, The Legal Profes- ment of a matter that involved allega- sion. We undertook through that course tions of litigation misconduct. As part to “teach professionalism.” of the settlement, four of Georgia’s law We have gradually come to the con- schools each received an endowment to clusion that “teaching professionalism” fund annual symposia programs. The is only a small part of the larger mission. symposium series began in 2001 and ro- That larger mission gave us the theme of tates among Mercer University, Georgia the symposium: the cultivation of profes- State University, the University of Geor- sional identity in our students. The ulti- gia and Emory University. mate goal is for our students to become Mercer University School of Law re- lawyers who will faithfully fulfill the cently hosted the 17th Annual Georgia purposes of the profession. Knowing the Symposium on Professionalism and Eth- tenets of “professionalism” is necessary ics. The theme of the symposium was “Ed- for that purpose but not sufficient. Da- ucational Interventions to Cultivate Pro- vid Brooks captured the broader picture fessional Identity in Law Students.” That when he wrote, “Our institutions depend title deserves some explanation. In its on people who have enough engraved 1996 report, “Teaching and Learning Pro- character traits to fulfill their assigned fessionalism,”1 the Professionalism Com- duties.”2 An “engraved character trait” is mittee of the American Bar Association a part of a person’s identity, and the insti- Section on Legal Education and Admis- tutions of the law depend upon lawyers sions to the Bar recommended that law having the kind of professional identity schools devote more attention in the cur- that will dispose them to fulfill their du-

riculum to lawyer professionalism. Eight ties and thereby preserve the institutions GETTYIMAGES.COM/ZOLNIEREK

60 GEORGIA BAR JOURNAL I believe that there is no better long-term way of promoting ethics and professionalism among lawyers than to graduate students who have internalized, personal commitments to the virtues necessary for the fulfillment of the purposes of the legal profession.

of the law. A law school cannot “teach” bility Advisory Office at the U.S. Depart- I believe that there is no better long- professional identity. The development of ment of Justice, started the symposium term way of promoting ethics and profes- professional identity requires more than by describing his experience with profes- sionalism among lawyers than to graduate the transmission of knowledge. But law sional identity formation at West Point. students who have internalized, personal school inevitably “cultivates” professional We also heard from Dr. Richard Cruess commitments to the virtues necessary for identity, for better or worse, by every- and Dr. Sylvia Cruess, Center for Medi- the fulfillment of the purposes of the legal thing that happens during a student’s le- cal Education, McGill University, leading profession. The 17th annual Georgia Sym- gal education. The goal of the symposium experts on the cultivation of professional posium on Professionalism and Ethics was was to explore effective ways to intervene identity in medical school. Dr. Larry Gol- an important step in improving how law in a student’s legal education, through emon, executive director, Washington schools can go about this crucial task. l courses or otherwise, to try to cultivate Theological Consortium, Washington, the right kind of professional identity. D.C., described his experience with iden- We sought and received the help of tity formation in clergy education. Prof. Patrick E. Longan other disciplines. Prof. Clark Cunning- Law professors (in addition to Cun- holds the William Augustus ham from Georgia State University ningham) also contributed to the success Bootle Chair in Ethics and College of Law spoke at the symposium of the symposium. Professors Tim Floyd Professionalism in the Practice of Law at the Mercer and collaborated with two distinguished from Mercer and Kendall Kerew from University School of Law and is the psychologists, Muriel Bebeau, University Georgia State provided a detailed look Director of the Mercer Center for Legal of Minnesota, and Steven Thoma, Uni- at a particular type of “educational inter- Ethics and Professionalism. versity of Alabama, on an article regard- vention,” the academic component of a ing the role of social science research in field placement program. Prof. Emeritus This article is adapted from Patrick Emery formulating and assessing educational Jack Sammons from Mercer spoke at the Longan, Educational Interventions to interventions related to professional symposium and brought his deep philo- Cultivate Professional Identity in Law identity formation.3 Prof. Larry Krieger sophical perspective to the question of Students: Introduction, 68 Mercer Law from Florida State University School of professional identity and “the art of self.” Review 579 (2017). Law reported on the results of his work Prof. Mark Jones from Mercer helped to with Professor of Psychology Kennon plan the symposium and contributed his Endnotes 1. Teaching and Learning Professionalism, Sheldon on the connections between article on the development of virtue and Report of the Professionalism professional identity and lawyer satis- practical wisdom as components of pro- Committee, American Bar Association faction. Prof. Elizabeth Vozzola, Univer- fessional identity. Prof. Neil Hamilton, Section of Legal Education and sity of St. Joseph, West Hartford, Conn., St. Thomas University School of Law, Admissions to the Bar (1996). brought to us her insights from the field Minneapolis, Minn., shared his work on 2. David Brooks, When the World is Led by of moral psychology. assessment of professional identity for- a Child, New York Times, May 16, 2017. We needed guidance from other pro- mation learning outcomes, particularly 3. The articles from the symposium have fessions as well. Lt. Col. Benjamin Grimes, with respect to the need for proactive been published in volume 68 of the deputy director, Professional Responsi- professional development. Mercer Law Review.

2017 DECEMBER 61 GBJ | In Memoriam

In Memoriam honors those MORRIS E. BRASWELL DONNELL JAMES JOHN W. TAYLOR members of the State Bar of Sautee Nacoochee, Ga. MCCORMACK JR. Roswell, Ga. Georgia who have passed Atlanta’s John Marshall Smyrna, Ga. Woodrow Wilson College away. As we reflect upon the Law School (1978) University of Memphis of Law (1960) memory of these members, we Admitted 1978 Cecil C. Humphreys Admitted 1961 are mindful of the contribu- Died February 2017 School of Law (1979) Died March 2017 Admitted 1998 tions they made to the Bar. WILLIAM E. EASON JR. Died September 2017 PAUL HENRY TIETZ Each generation of lawyers is St. Simons Island, Ga. Savannah, Ga. indebted to the one that Duke University School of LARRY THOMAS Duke University School of precedes it. Each of us is the Law (1968) MCLEAN JR. Law (1975) recipient of the benefits of the Admitted 1968 Charlotte, N.C. Admitted 2013 learning, dedication, zeal and Died September 2017 University of North Died October 2017 standard of professional Carolina School of Law responsibility that those who J. MELVIN ENGLAND (1997) GERALD J. VAN BUSKIRK have gone before us have Roswell, Ga. Admitted 1997 Deerfield Beach, Fla. contributed to the practice of University of Georgia Died June 2017 Woodrow Wilson College law. We are saddened that they School of Law (1956) of Law (1985) are no longer in our midst, but Admitted 1959 JUDITH A. MINNES Admitted 1987 Died September 2017 privileged to have known them MCLEOD Died February 2017 Weddington, N.C. and to have shared their MERLE JEROME KESSLER University of Georgia REBECCA CHRISTINA WALL friendship over the years. Franklin, N.C. School of Law (1997) Atlanta, Ga. Harvard Law School Admitted 1997 University of Georgia (1965) Died March 2017 School of Law (1997) DAVID CHARLES ATES Admitted 1964 Admitted 1997 Roswell, Ga. Died August 2017 N. FORREST MONTET Died March 2017 Emory University School Atlanta, Ga. of Law (1991) PHYLLIS A. KRAVITCH University of Virginia ELIZABETH ANN WHIPPLE Admitted 1991 Atlanta, Ga. School of Law (1956) Tuscaloosa, Ala. Died October 2017 University of Admitted 1956 University of Alabama Pennsylvania Law School Died September 2017 School of Law (2007) TRACEY VALERIE BAASET (1943) Admitted 2008 Stone Mountain, Ga. Admitted 1944 CATHERINE MARCENE Died April 2017 University of Died June 2017 O’NEIL Berkeley School of Law Atlanta, Ga. BERANTON JAMES (1988) FASHA SHVONNE LEWIS Harvard Law School WHISENANT JR. Admitted 1989 Augusta, Ga. (1990) Miami, Fla. Died July 2017 Howard University School Admitted 1990 University of Florida of Law (2005) Died October 2017 Fredric G. Levin College RANDALL K. BART Admitted 2005 of Law (2004) Savannah, Ga. Died June 2017 DOROTHY A. ROBINSON Admitted 2013 University of Georgia Marietta, Ga. Died May 2017 School of Law (1978) PAUL J. LIVELY St. Louis University Admitted 1978 Tucker, Ga. School of Law (1967) GLENN WHITLEY Died August 2017 Atlanta’s John Marshall Admitted 1967 Tifton, Ga. Law School (1984) Died August 2017 University of Georgia HELEN BERENTHIEN Admitted 1984 School of Law (1962) Columbus, Ga. Died October 2017 KEITH DAVID SIVER Admitted 1961 Mercer University Walter Atlanta, Ga. Died August 2017 F. George School of Law DELANO MAURICE Georgetown University (1970) Savannah, Ga. Law Center (1991) PERCY V. WILLIAMS II Admitted 1970 Mercer University Walter Admitted 2004 Conyers, Ga. Died August 2017 F. George School of Law Died October 2017 University of Georgia (1955) School of Law (1986) Admitted 1955 Admitted 1987 Died August 2017 Died September 2017

62 GEORGIA BAR JOURNAL OBITUARIES

U.S. Court of Appeals Senior Judge Phyllis Adele cuit Chief Judge Ed Carnes presiding. Speakers included U.S. Su- Kravitch of Atlanta died June 15, 2017, at Piedmont preme Court Justice Clarence Thomas; 11th Circuit Judge R. Lanier Hospital. At age 96, she was the oldest female member Anderson; Aaron Scharf, nephew of Judge Kravitch; Norman E. of the State Bar of Georgia. Zoller, former 11th Circuit executive; and U.S. District Court Judge A native of Savannah, Kravitch was a pioneer Valerie E. Carponi of the Southern District of New York, a former among women in the legal profession. law clerk to Judge Kravitch. l She earned an A.A. degree from then-Armstrong Junior College in Savannah and a B.A. degree from Goucher College in Towson, Hon. Dorothy A. Robinson, 79, of Marietta, died Md. She graduated in 1943 with an LL.B. degree from the Uni- in August 2017. Born in Brooklyn, N.Y., Robinson versity of Pennsylvania Law School, where she served on the Law attended Catholic school in Queens before attending Review Board of Editors. nearby St. Johns University where she studied busi- She entered the private practice of law in 1944 and served as the ness. She attended law school at St. Louis University, first woman president of the Savannah Bar Association in 1975. where she met her husband, Hugh. The couple The following year, Kravitch became the first woman elected to a moved to Georgia in 1967 and Robinson began practicing law in Superior Court judgeship in Georgia history, serving in the Eastern Marietta that same year. Judicial Circuit (Chatham County). Robinson developed a reputation for success as a criminal de- In 1979, Kravitch was nominated by President Jimmy Carter as the fense lawyer, which brought her to then-Gov. Jimmy Carter’s at- first female U.S. Circuit Court judge in Georgia and the third in the tention as a judicial appointment. The state and superior court nation. She served on the U.S. Court of Appeals from the Fifth Circuit judge served Cobb County for 40 years. She was the first woman in (1979-81) and the 11th Circuit (1981-1996) before taking senior judge Georgia appointed to a court of record when Gov. Carter appoint- status until fully retiring in 2015. ed her to the Cobb County State Court in 1972. In 1980, Robinson According to the New York Times, “Judge Kravitch wrote hun- ran for Cobb County Superior Court, unseating an incumbent. dreds of opinions on the 11th Circuit Court involving, among She held the seat until her retirement in 2012. Five years later, in other issues, the rights of migrant workers, affirmative action, em- 1985, Robinson became the first woman in the Supreme Court of ployment discrimination and the treatment of Haitian refugees Georgia’s 140-year history to be asked to sit on that court’s bench and Cuban spies.” as a temporary judge. The Savannah Bar Association established the Judge Phyllis Robinson was the first woman president (1979-80) of the State Kravitch Scholarship to assist law school students with the cost of Trial Judges and Solicitors Association (now the Council of State their education, stating, “The fairness, patience and wisdom of Judge Court Judges). She was a past president of the Georgia Association Kravitch serve as an inspiration not only to all lawyers and judges for Women Lawyers and the first woman chief judge of the Cobb but to the community at large.” Judicial Circuit (1995-97). Robinson was also one of the first in the A public memorial service for Judge Kravitch was held Sept. 18, state to require motorists convicted of driving under the influence 2017, at the Elbert P. Tuttle Courthouse in Atlanta, with 11th Cir- to attend alcohol counseling courses. l Memorial Gifts Memorial Gifts are a meaningful way to honor GA 30303, stating in whose memory they are a loved one. The Georgia Bar Foundation made. The Foundation will notify the family furnishes the Georgia Bar Journal with of the deceased of the gift and the name of the memorials to honor deceased members of the donor. Contributions are tax deductible. Unless State Bar of Georgia. Memorial Contributions otherwise directed by the donor, In Memoriam may be sent to the Georgia Bar Foundation, Contributions will be used for Fellows programs 104 Marietta St. NW, Suite 610, Atlanta, of the Georgia Bar Foundation.

2017 DECEMBER 63 GBJ | Book Review

Business and Commercial Litigation in Federal Courts, 4th Edition

Editor, Robert L. Haig (in cooperation with the ABA Section of Litigation) REVIEWED BY HENRY D. FELLOWS JR.

All of us are bombarded on a weekly fourth edition of “Business and Commer- basis with offers from publishers of legal cial Litigation in Federal Courts” provides treatises and research tools to purchase business litigators and trial attorneys with their products. It is difficult to assess the user-friendly substantive, procedural, value of the assorted legal research mate- and strategic analysis and tips. Twenty- rials offered to us. Ultimately, the value of five new chapters have been added to the a given treatise is a function of how fre- treatise, and the chapters of the previous This reviewer quently we use and rely upon that treatise edition have been substantially expanded. for our legal research needs. The updated 14 volume set also includes a recommends that During the past 12 years, this reviewer useful CD-ROM which contains valuable every law firm has frequently used and relied upon the forms, checklists and jury instructions. evolving editions of “Business and Com- The fourth edition of this publica- that practices mercial Litigation in Federal Courts.” tion contains the work of 296 principal Time and again, I have found the answer authors, including 27 federal judges and business litigation to a legal question or a possible solution seasoned trial attorneys whose practice in federal courts to a difficult legal issue in the extremely is devoted to business and commercial well written volumes of this treatise. litigation. The 14 volumes of the trea- acquire this fourth Therefore, I can assure you that the cost/ tise combine in-depth treatment of fed- benefit ratio associated with our firm’s eral civil procedure with substantive law. edition. It will pay purchase and use of “Business and Com- The authors present helpful strategies for for itself over and mercial Litigation in Federal Courts” has the representation of both plaintiffs and been very positive. defendants in the most frequent types over again. Through the continued excellent edi- of commercial cases, including antitrust, torial supervision of Robert L. Haig, the banking, business torts, contracts, deriva-

64 GEORGIA BAR JOURNAL tive actions, franchising, insurance, in- tellectual property, professional liability, sale of goods and securities litigation. The volumes comprehensively address equi- table and monetary relief, and remedies sought by plaintiffs and defenses to those remedies asserted by defendants. Several Georgia practitioners wrote excellent chapters for the fourth edition, including Daniel J. King and John P. “Pat” Brumbaugh, partners of King & Spalding, on “Sanctions”; Harold T. “Hal” Daniel Jr., partner of Holland & Knight, on “Liti- gation Management by Law Firms”; Todd R. David and Lisa R. Bugni, partners of Alston & Bird, on “Executive Compensa- tion”; and Chilton Davis Varner and Ste- phen B. Devereaux, partners of King & Spalding, on “Food and Drug.” The chapter on “Sanctions” by King and Brumbaugh includes a useful dis- cussion of sanctions under Fed. R. Civ. P 11, considerations in bringing sanc- tions motions, considerations in defend- litigation, third-party payor litigation, prehensive discussion on all facets of so- ing against sanctions motions, discovery and food and beverage litigation, includ- cial media, including discovery of social sanctions, sanctions under 28 U.S.C. ing an analysis of false advertising claims media, evidence, jurors, employees and § 1927, civil contempt sanctions and ap- and foodborne illness claims. The chap- ethical issues associated with the use of pellate sanctioning power. The authors ter contains very helpful practice aids, social media. The authors also provide have included helpful checklists for each including checklists of essential allega- excellent practice aids, including sample type of sanction. tions and defenses, discovery requests interrogatories, requests for admission, The chapter on “Litigation Manage- and jury instructions. requests for production and deposition ment by Law Firms” by Daniel provides a There are two additional subjects questions. comprehensive plan for the management which are of prime importance to the suc- As Haig notes in his Foreword, the of a commercial case in federal court, in- cessful representation of clients in busi- publication of the fourth edition is the re- cluding documenting the engagement, ness litigation in federal courts. These sult of a successful joint venture between conflict checks, staffing of the case, selec- two chapters alone compel the acquisition Thomson Reuters and the American Bar tion and use of experts, budgeting, case of the fourth edition. Association Section of Litigation. All roy- supervision, document management and The chapter entitled “Discovery of alties from sales of the treatise and annual control, electronic discovery, safeguard- Electronically Stored Information (ESI)” pocket parts flow back to the ABA Sec- ing client information, and the billing and by U.S. District Judge Shira A. Scheind- tion of Litigation. recovery of attorneys’ fees. lin and Jonathan M. Redgrave provides This reviewer recommends that every The chapter on “Executive Compen- a comprehensive mini-treatise on objec- law firm that practices business litiga- sation” by David and Bugni explains the tives and strategic considerations associ- tion in federal courts acquire this fourth federal legislation and regulations perti- ated with ESI, the duty to preserve ESI, edition. It will pay for itself over and nent to “Say-on-Pay” litigation, including disclosure and production of ESI, cost- over again. l the Dodd-Frank Wall Street Reform and sharing and cost-shifting issues, discov- Consumer Protection Act, state law chal- ery disputes and claims of spoliation, and lenges to executive compensation, includ- valuable practice aids, including checklists Henry D. Fellows Jr. is a ing the breach of fiduciary duty standard and forms associated with the investiga- partner of the Atlanta of care, and federal law challenges to ex- tion and discovery of ESI. business litigation firm, ecutive compensation under the Securi- Another topical subject covered by Fellows LaBriola LLP, which is celebrating its 25th ties Exchange Act. the fourth edition is the chapter entitled anniversary on Jan. 1, 2018. He is an The chapter on “Food and Drug” by “Social Media” by Paul C. Curnin and AV-rated trial lawyer who was Varner and Devereaux provides a com- Alexis S. Coll-Very, partners of Simpson inducted as a Fellow of the American prehensive discussion of pharmaceutical Thacher. The authors provide a com- College of Trial Lawyers in 2007.

2017 DECEMBER 65 GBJ | CLE Calendar

DECEMBER

8 ICLE: ADR Institute and Neutrals Conference 19 ICLE: Family Immigration Law Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 13 ICLE: 9th Annual Georgia and the Second 24 ICLE: Negotiation Strategies Amendment for Lawyers Atlanta, Ga. | 4 CLE Atlanta, Ga. | 6 CLE 14 ICLE: Partnership Audit Update 25 ICLE: Child Protection Seminar Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 14-15 ICLE: Consumer and Business Bankruptcy 25 ICLE: Hazing Seminar Greensboro/Lake Oconee, Ga. | 7 CLE Atlanta, Ga. | 6 CLE 15 ICLE: Finance for Lawyers 26 ICLE: Solo and Small Firm Boot Camp Atlanta, Ga. | 6 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 20 ICLE: The New Negotiation Advantage 30 ICLE: The Lawyer’s Compass Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE

JANUARY FEBRUARY

11 ICLE: Restrictive Covenants and Trade 1 ICLE: White Collar Crime Secrets in Georgia Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 1 ICLE: Solo and Small Firm Boot Camp— 11 ICLE: Defense of a Personal Injury Case Rebroadcast Atlanta, Ga. | 6 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 12 ICLE: Speaking to Win 1 ICLE: Internet Legal Research Augusta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 12 ICLE: Abusive Litigation 1 ICLE: Secured Lending Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 12 ICLE: Jury Trial 2 ICLE: Banking Law Atlanta, Ga., and Statewide Satellite | 6 CLE Atlanta, Ga. | 6 CLE 18 ICLE: ADR in the Workers’ Compensation 2 ICLE: Residential Real Estate Arena Atlanta, Ga., and Statewide Satellite | 6 CLE Atlanta, Ga. | 6 CLE 2-3 ICLE: 63rd Annual Estate Planning Institute 18 ICLE: Jury Trial—Rebroadcast Athens, Ga. | 10 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 4-8 ICLE: Update on Georgia Law (Ski CLE)

Vail, Colo. | 12 CLE 7 ICLE: Special Needs Trusts Atlanta, Ga. | 6 CLE

66 GEORGIA BAR JOURNAL 2017 DECEMBER 67 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 678-529-6688. For ICLE seminar locations, please visit www.iclega.org.

7 ICLE: Administrative Law for Attorneys 23 ICLE: Plaintiff’s Personal Injury Atlanta, Ga. | 6 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 8 ICLE: Advanced Debt Collection 26 ICLE: Beginning Lawyers Program Atlanta, Ga. | 6 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 8 ICLE: Residential Real Estate— 28 ICLE: Advanced Topics in Franchising Rebroadcast and Distribution Atlanta, Ga., and Statewide Satellite | 6 CLE Atlanta, Ga. | 3 CLE 9 ICLE: Eminent Domain Law Atlanta, Ga. | 6 CLE MARCH 9 ICLE: Georgia Insurance Claims Law Savannah, Ga. | 6 CLE 1 ICLE: Fundamentals of Health Care Law Atlanta, Ga. | 7 CLE 14 ICLE: Basic Securities Law Atlanta, Ga. | 6 CLE 1 ICLE: Plaintiff’s Personal Injury— Rebroadcast 15 ICLE: Persuading People on the Page Atlanta, Ga., and Statewide Satellite | 6 CLE and Screen Atlanta, Ga. | 6 CLE 2 ICLE: Truck Wreck Cases Atlanta, Ga. | 6 CLE 16 ICLE: Gwinnett General Practice CLE Duluth, Ga. | 6 CLE 2 ICLE: Professionalism and Ethics Update Atlanta, Ga. and Statewide Satellite | 3 CLE 16 ICLE: Attorney First Aid Kit Atlanta, Ga. | 6 CLE 7 ICLE: Georgia’s False Claim Act/ Whistleblower 21 ICLE: 26th Annual Product Liability Seminar Atlanta, Ga. | 7 CLE Atlanta, Ga. | 6 CLE 8 ICLE: 15th Annual Nonprofit Law Seminar 21-25 ICLE: 28th Annual Tropical Seminar Atlanta, Ga. | 6 CLE Cartagena, Colombia | 12 CLE 8 ICLE: Narcissism and the Law 22 ICLE: Negotiated Corporate Acquisitions Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 8 ICLE: Professionalism and Ethics Update— 22-23 ICLE: 11th Annual Arbitration Institute Rebroadcast Atlanta, Ga. | 6 CLE Atlanta, Ga. and Statewide Satellite | 3 CLE 23 ICLE: 27th Annual Georgia Bar Media 9 ICLE: Milich on Evidence & Judiciary Conference Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 9 ICLE: Trial and Error 23 ICLE: 18th Annual Georgia Symposium Atlanta, Ga., and Statewide Satellite | 6 CLE on Ethics and Professionalism Athens, Ga. | 6 CLE 9 ICLE: Handling Big Cases Atlanta, Ga. | 6 CLE

66 GEORGIA BAR JOURNAL 2017 DECEMBER 67 GBJ | CLE Calendar

15 ICLE: Family Law Issues for the 22 ICLE: Professional and Ethical Dilemmas Modern Family in Litigation Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 15 ICLE: Trial and Error—Rebroadcast 23 ICLE: Mediation Advocacy Atlanta, Ga., and Statewide Satellite | 6 CLE Atlanta, Ga. | 6 CLE 16 ICLE: Workers’ Comp for the 23 ICLE: Basic Fiduciary Practice 101 General Practitioner Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 27 ICLE: Beginning Lawyers Program— 16 ICLE: Winning Settlement Strategies Rebroadcast Atlanta, Ga. | 6 CLE Atlanta, Ga., and Statewide Satellite | 6 CLE 16 ICLE: Agriculture Law 28 ICLE: 9th Annual Employee Benefits Law Macon, Ga. | 6 CLE Section Seminar Atlanta, Ga. | 6 CLE 20 ICLE: March Group Mentoring Atlanta, Ga. | No CLE 29 ICLE: Not Your Typical CLE—What We Have Here Is A Failure to Communicate 20 ICLE: Business Litigation CLE Atlanta, Ga., via satellite in Savannah and Atlanta, Ga. | 6 CLE Tifton, Ga.| 6 CLE 21 ICLE: Post Judgement Collection 29 ICLE: Toxic Torts/Mass Torts Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE 21 ICLE: 25th Annual John Mayoue Family 30 ICLE: Trial Evidence: Artistry and Advocacy Law Convocation on Professionalism Atlanta, Ga. | 6 CLE Atlanta, Ga. | 3 CLE 30 ICLE: Entertainment Law Institute 22 ICLE: Trials of the Century Atlanta, Ga. | 6 CLE Atlanta, Ga. | 6 CLE

68 GEORGIA BAR JOURNAL 2017 DECEMBER 69 GBJ | Notices Proposed Amendments to the with the State Bar. Any of Georgia. Affiliate member orand Law Student membermembers shall have the right to attend Bylaws of the State Bar of Georgia State Bar of Georgia meetings and receive State Bar official publications, but shall not have the right to. Neither Affiliate nor Law Student members may hold office or, vote or have any other rights and privileges incident to the membership. Pursuant to Bar Rule 1-602 notice is hereby given of pro- An classes set forth in Rule 1-202 with the State Bar of Geor- posed amendments to the following Bylaws of the State Bar of gia. Affiliate or Law Student membermembers shall not hold Georgia. Notice of the proposed amendments was also pub- himself or herselfthemselves out or imply to the public or imply lished on the State Bar of Georgia website at least 30 days be- in any manner, courts or members of the legal profession that fore the January 2018 State Bar of Georgia Midyear meeting. he or she is a memberthey are members of the State Bar of These proposed amendments may be adopted by a majority of Georgia as defined in good standing of the State Bar of Georgia the members present and voting at the January 2018 State Bar or entitled to practice law in this State. An Affiliate or Law of Georgia Midyear meeting. Student member shall not use his or her membership number for any purpose other than communicating with the State Bar. Article I. Members Rule 1-202 of the State Bar of Georgia. The State Bar retains Section 1. Registration of Members. the right to deny or revoke the membership privileges of any Affiliate or Law Student member who violates this Section. Persons admitted by the courts to the practice of law shall, within sixty 60 days after admission to the bar of the Superior (a) Affiliate Membership. The application form for an Af- Court, register with the State Bar of Georgia and pay a monthly filiate Member or Law Student membership shall include thea pro-rated dues amount calculated from the date of the Supe- recommendation of the applicant signed by an active mem- rior Court admission through the remainder of the State Bar ber in good standing of the State Bar of Georgia. Affiliate or of Georgia’s fiscal year. If the date of admission is on or after Law Studentmembership may be renewed each fiscalBar year May 15, the member shall not be required to pay any dues or as- without additional application. The Board of Governors shall sessments for the remainder of that fiscal year. Those members prescribe themay set an amount of annual dues or fees for Af- admitted by examination shall begin making the mandatory filiate or Law Student membership. Affiliate membership shall assessments outlined in Rules in the second full fiscal year fol- be approved only when the applicant is licensed to practice lowing their admission. in another state or the District of Columbia, and a Domestic Lawyer who is in good standing in all jurisdictions in which Article I. Members he or she is licensed, and is an employee of the government, Section 1. Registration of Members. the armed services, a private or commercial institution or a law school, and is not otherwise authorized to practice law in Persons admitted by the courts to the practice of law shall, Georgia. Application to become a Law Student member shall within 60 days after admission to the bar of the Superior Court, be approved when the applicant is enrolled in a law school ap- register with the State Bar of Georgia and pay a monthly pro- proved by the American Bar Association or the Georgia Board rated dues amount calculated from the date of the Superior of Bar Examiners. Court admission through the remainder of the State Bar of Georgia’s fiscal year. If the date of admission is on or after May (b) Law Student Membership. The application form for a Law 15, the member shall not be required to pay any dues or assess- Student member shall include a certification by the applicant that ments for the remainder of that fiscal year. Those members he or she is a student in good standing at an ABA accredited law admitted by examination shall begin making the mandatory school in Georgia. Law Student membership may be renewed assessments outlined in Rules in the second full fiscal year fol- each Bar year by certifying to the Membership Department of lowing their admission. the State Bar of Georgia that the student is currently enrolled in law school and in good standing. The Board of Governors may Article I, Members. set annual dues or fees for Law Student membership. Section 6. AssociatesAffiliate Membership and Law Student Membership. Article I, Members. Purpose. Section 6. Affiliate Membership and Law Student In addition to the classes of membership provided in Rule Membership. 1-202, Organization of the preceding sections of this ArticleS- Purpose. tate Bar and Admissions, the Board of Governors or the Execu- In addition to the classes of membership provided in Rule tive Committee of the Boardmay consider and approve or dis- 1-202, Organization of the State Bar and Admissions, the Board approve applications for Affiliate or Law Student membership of Governors or the Executive Committee may consider and

68 GEORGIA BAR JOURNAL 2017 DECEMBER 69 GBJ | Notices

approve or disapprove applications for Affiliate or Law Student Emeritus membership shall have the same privileges, rights, membership with the State Bar of Georgia. Affiliate and Law duties and responsibilities as active membership, except that Student members shall have the right to attend State Bar of emeritus members shall not give legal advice or otherwise prac- Georgia meetings and receive State Bar official publications. tice law, except as set out in Rule 1-202 (d), nor nominate a Neither Affiliate nor Law Student members may hold office, member for office or hold office in the State Bar, or vote on vote or have any other rights and privileges incident to the any candidate for elected position in or proposal concerning membership classes set forth in Rule 1-202 with the State Bar the State Bar. of Georgia. Affiliate or Law Student members shall not hold themselves out or imply to the public, courts or members of Emeritus members may be required to pay section dues at the legal profession that they are members of the State Bar of the option of each section of the State Bar. Georgia as defined in Rule 1-202 of the State Bar of Georgia. The State Bar retains the right to deny or revoke the member- At the sole discretion of the Membership Department, a ship privileges of any Affiliate or Law Student member who member who has attainedattains the age of 70 years during a violates this Section. Bar year, and who has been admitted to the practice of law for at least 25 years, may be placed in emeritus status in the event (a) Affiliate Membership. The application form for an Af- the Membership Department is unable to locate or contact the filiate Member shall include a recommendation signed by an qualifying member and provided there is no pending disciplin- active member in good standing of the State Bar of Georgia. ary action against the member. Affiliate membership may be renewed each Bar year without additional application. The Board of Governors may set an Article I. Members amount of annual dues or fees for Affiliate membership. Af- Section 7. Emeritus Members. filiate membership shall be approved only when the applicant is a Domestic Lawyer who is in good standing in all jurisdictions In addition to the classes of membership provided in the in which he or she is licensed, is an employee of the govern- preceding sections of this Article, the Membership Department ment, the armed services, a private or commercial institution may approve or disapprove applications for emeritus member or a law school, and is not otherwise authorized to practice status as provided for in Rule 1-202 (d) of the Bar Rules. Appli- law in Georgia. cations for emeritus membership shall be on forms prescribed by the Membership Department. (b) Law Student Membership. The application form for a Law Student member shall include a certification by the applicant that Emeritus membership shall have the same privileges, rights, he or she is a student in good standing at an ABA accredited law duties and responsibilities as active membership, except that school in Georgia. Law Student membership may be renewed emeritus members shall not give legal advice or otherwise prac- each Bar year by certifying to the Membership Department of tice law, except as set out in Rule 1-202 (d), nor nominate a the State Bar of Georgia that the student is currently enrolled in member for office or hold office in the State Bar. law school and in good standing. The Board of Governors may set annual dues or fees for Law Student membership. Emeritus members may be required to pay section dues at the option of each section of the State Bar. Article I. Members Section 7. Emeritus Members. At the sole discretion of the Membership Department, a member who attains the age of 70 years during a Bar year, and In addition to the classes of membership provided in the who has been admitted to the practice of law for at least 25 preceding sections of this Article, the Membership Department years, may be placed in emeritus status in the event the Mem- may approve or disapprove applications for emeritus member bership Department is unable to locate or contact the qualifying status as provided for in Rule 1-202 (d) of the Bar Rules. Appli- member and provided there is no pending disciplinary action cations for emeritus membership shall be on forms prescribed against the member. by the Membership Department.

70 GEORGIA BAR JOURNAL GBJ | Classified Resources

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From the GEORGIA BAR Executive Director— Ways to Give of Yourself During the Season of Giving

2018 Legislative Practice Assistance JOURNAL Preview Tips for Practice Management Success Security Expert Witness. Board certified protection profes- in 2018 A Conversation with sional and former senior police commander providing forensic Randy Evans consulting to both plaintiff and defense counsel in all areas/ venues of security negligence. A comprehensive CV, impec- cable reputation and both criminal and civil experience equate to expert litigation support. Michael S. D’Angelo, CPP. Secure Direction Consulting, LLC. www.securedirection.net. 786- 444-1109. [email protected].

THE LEGAL The Municipalization Position Wanted of Urban Counties in Georgia Managing Attorney—In-town firm seeks experienced attor- ney to assist in overseeing the management of cases in litiga- tion. Ideal candidate will have significant experience in civil lit- 1217GBJ_Cover.indd 1 11/29/2017 3:20:53 PM igation. Collegial work environment, stable firm, benefits. All replies confidential. Please send resume to: [email protected].

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2017 DECEMBER 71 GBJ | Classified Resources

Brennan, Wasden & Painter LLC is seeking attorneys to as- sist with its professional liability and business litigation practice groups in both the Savannah and Augusta offices. Those with deposition and courtroom experience will receive preference. Georgia Bar required. Please submit a cover letter and resume to Wiley Wasden III at [email protected].

PI Associate Attorney—Personal injury law firm is seeking a junior associate in the Jacksonville, Fla., area with 0-5 years of PI experience for entry level personal injury position. En- ergetic self-starters with great written and verbal communica- tion skills is a must. If you are highly motivated to do great lawyering for your clients, aren’t afraid to pay your dues and want excellent professional development and earnings poten- tial, then send detailed cover letter (explaining your desire to represent the injured and your willingness to pay your dues) along with resume AND references to [email protected]. If you are not serious about your legal career and willing to pay your dues, then do not apply.

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72 GEORGIA BAR JOURNAL GEORGIA BAR JOURNAL 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 [email protected] | 404-527-8791 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 GEORGIA LAWYERS HELPING LAWYERS

Georgia Lawyers Helping Lawyers (LHL) is a new confidential peer-to-peer program that will provide u colleagues who are suffering from stress, depression, addiction or other personal issues in their lives, with a fellow Bar member to be there, listen and help.

The program is seeking not only peer volunteers who have experienced particular mental health or substance use u issues, but also those who have experience helping others or just have an interest in extending a helping hand.

For more information, visit: www.GeorgiaLHL.org