2015 State Bar of Georgia Annual Meeting June 18-21 | Stone Mountain, Ga
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April 2015 Volume 20 Number 6 2015 State Bar of Georgia Annual Meeting June 18-21 | Stone Mountain, Ga. STATE BAR 2- WAY ACCESS TO SAM NUNN FEDERAL 2-WAY TRAFFIC CENTER PARKING ON CENTENNIAL OLYMPIC PARK DRIVE SPRING STREET BRIDGE REPAIR DETOUR NORTHERN PHASE Sept. 2014-Sept. 2015 For more information and alternative parking options, please visit www.gabar.org/springstdetours.cfm T urn to s ma rt ter too ls for legal resea rcc h.h Visualizeaal search resultsesesulltst toto sees the beststt resultsreesults Only Fastcase featurestu an interactivetit vve mapm of search results, soo yyou can see ttheheh mmosmostt important cases at a gglance. Longngg lilistsstts of text search results (even when sortededd wewell),ell), only show one ranking at a time. Sortingng tthehhe most relevant case to the top might sortrt tthehee most cited case to the bottom. Sorting theththe most cited case to the top might sort thehehe ® most recent case to the bottom.m. Fastcase’s patent-pending Interactive Timeline view shows all of the search results on a single map, illustrating how the results occur over time, how relevant each case is SmarterS by association.based on your search terms, how many LogL in at www.gabar.org times each case has been “cited generally” by all other cases, and how many times each case has been cited only by the super-relevant cases within the search result (“cited within” search results). The visual map provides volumes more information than any list of search results – you have to see it to believe it! LTN Free to members of the State Bar of Georgia. #1 2010 Customer Satisfaction Survey Members of the State Bar of Georgia now have access to Fastcase for free. Unlimited search using Fastcase’s smarter legal research tools, unlimited printing, and unlimited reference support, all free to active members of the State Bar of Georgia. Log in at www.gabar.org and click the Fastcase logo. And don’t forget that Fastcase’s free apps for iPhone, Android and iPad connect to your bar account automatically by Mobile Sync. All free as a benefit of membership in the State Bar of Georgia. Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Jacob Edward Daly Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Lynn Gavin CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Chad Henderson ETHICS Helpline 800-682-9806 John Clay Bush Michelle J. Hirsch 404-527-8741 Clayton Owen Carmack Michael Eric Hooper Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 David Gan-wing Cheng Hollie G. Manheimer Governmental Affairs 404-526-8608 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Sections 404-527-8774 Marcus D. Liner, 04-07 L. Dale Owens, 87-89 Transition Into Law Practice 404-527-8704 Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 Unlicensed Practice of Law 404-527-8743 Young Lawyers Division 404-527-8778 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 The Georgia Bar Journal welcomes the submission of unsolic- William Wall Sapp, 99-00 Steven M. Collins, 82-84 ited legal manuscripts on topics of interest to the State Bar of Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should con- Stephanie B. Manis, 93-95 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Bridgette Eckerson, State Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified Officers of the State Bar of Georgia of the Editorial Board’s decision regarding publication. Patrise M. Perkins-Hooker President The Georgia Bar Journal welcomes the submission of news Robert J. Kauffman President-Elect about local and circuit bar association happenings, Bar Charles L. Ruffin Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Rita A. Sheffey Treasurer tion to: Sarah I. Coole, Director of Communications, 104 Patrick T. O’Connor Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Sharri Edenfield YLD President Disabilities John R. B. Long YLD President-Elect If you have a disability which requires printed Darrell L. Sutton YLD Immediate Past President materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Peter C. Canfield Co-Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Sonjui L. Kumar Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Communications Staff Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Sarah I. Coole Director 877-239-9910, 912-239-9910, FAX 912-239-9970 Jennifer R. Mason Assistant Director South Georgia Office Derrick W. Stanley Section Liaison 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Stephanie J. Wilson Communications Coordinator 800-330-0446, 229-387-0446, FAX 229-382-7435 Lauren M. Foster Administrative Assistant Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2015. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 8 April 2015 Volume 20 Number 6 GBJ Legal Departments 8 4 From the President 14 Georgia’s Public 6 From the YLD President Whistleblower Statute 42 Bench & Bar by Christopher A. McGraw 48 Office of the General GBJ Features Counsel 14 50 Lawyer Discipline Law Day Collaboration Repeats 54 Law Practice Management as National Award Winner 56 Member Benefits for Law Day 58 Writing Matters by Rita A. Sheffey 62 Professionalism Page 18 18 66 In Memoriam Atlanta Legal Aid: 68 CLE Calendar New Headquarters 70 Notices in Historic Building 95 Classified Resources by Paula Lawton Bevington 96 Advertisers Index 22 24th Annual Georgia Bar Media & Judiciary Conference 54 by Jennifer R. Mason 26 2014 Georgia Corporation and Business Organization Case Law Developments by Thomas S. Richey and Michael P. Carey 62 36 Georgia Legal Services Program “And Justice for All” Honor Roll of Contributors From the President by Patrise M. Perkins-Hooker The Internationalization of the Practice of Law e have heard a lot of discussion over of local businesses and industries which arguably have taken jobs to other countries, we also have benefitted the years about the international- from the lower cost of goods that are produced in places where the wage rate is much lower than that ization of the practice of law as a of the United States. The reality is that we are a global W society, and there are implications for our profession part of globalization. Businesses and industries in the as applicable business protocols are established in this “new world order.” United States and in countries The same companies that are “In addition to leading seeking ways to import or export around the world are eager to goods also want to use their the way with regulatory own attorneys from the coun- exchange goods and services tries in which they are located. Often, however, attorneys from with anyone, anywhere who issues regarding foreign other countries are not licensed to practice in any state in the can afford to purchase their attorneys, we have also United States. Several jurisdic- tions have turned a blind eye merchandise. Movements like developed alliances (both to this situation and have virtu- ally ignored the ramifications of this resulted in the passage of formal and informal) with international lawyers practicing in their states. The state bars the North American Free Trade bar associations in several in these jurisdictions have not focused on the reality that this Act (NAFTA) decades ago and countries.” is the beginning of the new world order and the need to influenced the passage of the adapt to protect the integrity of the practice of law in their states.