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26681 Ga Bar Journal 12-99 CONSTITUTIONAL LAW • FMLADECEMBER 1999 • LEGISLATIVE PREVIEW 1 West new 4249 Cases re- trieved - 4C 2 GEORGIA BAR JOURNAL Editorial Board WILLIAM WALL SAPP, Editor-in-Chief JENNIFER M. DAVIS, Managing Editor LYN K. ARMSTRONG DIANE BETH MELKIN ERIKA C. BIRG D. SCOTT MURRAY CHARLES M. CORK III MARISA A NNE PAGNATTARO December 1999 • Vol. 5 No. 3 O. WAYNE ELLERBEE AMELIA TOY RUDOLPH GEORGE W. FRYHOFER III JOHN M. SIKES JR. MICHAEL JABLONSKI JOHN SPANGLER III On the Cover: While the century draws to a close and all eyes are ANNE R. JACOBS JERRE B. SWANN JR. focused on the future, we decided to take a look back at our past. The MICHELLE W. JOHNSON PAMELA Y. W HITE-COLBERT cover story examines the history of the Cherokees in Georgia, and the SARAJANE N. LOVE J. MICHAEL WIGGINS ensuing legal battle that ultimately led to the Trail of Tears. Photo by Richard T. Bryant. W. FRAY MCCORMICK CHARLES R. ADAMS III, ADVISOR QUICK DIAL THEODORE H. DAVIS JR., ADVISOR Attorney Discipline ............... (800) 334-6865 ext. 720 (404) 527-8720 Officers of the State Bar of Georgia Consumer Assistance Program ...................................... (404) 527-8759 (ex officio members) Conference Room Reservations ..................................... (404) 527-8712 Fee Arbitration .............................................................. (404) 527-8750 RUDOLPH N. PATTERSON, MACON Continuing Legal Education Transcripts ....................... (404) 527-8710 President Diversity Program ......................................................... (404) 527-8754 GEORGE E. MUNDY, CEDARTOWN ETHICS Hotline .................................. (800) 682-9806 (404) 527-8741 President-elect Georgia Bar Foundation/IOLTA .................................... (404) 527-8766 Georgia Bar Journal ..................................................... (404) 527-8736 JAMES B. FRANKLIN, STATESBORO Secretary Lawyer Assistance Program ................ (770) 612-1122 (800) 327-9631 Law Practice Management ............................................. (404) 527-8773 JAMES B. DURHAM, BRUNSWICK Treasurer Membership Records .................................................... (404) 527-8777 Meetings Information .................................................... (404) 527-8790 WILLIAM E. CANNON JR., ALBANY Pro Bono Project ........................................................... (404) 527-8763 Immediate Past President Professionalism .............................................................. (404) 527-8793 JOSEPH W. DENT, ALBANY Sections .......................................................................... (404) 527-8774 YLD President Unauthorized Practice of Law ....................................... (404) 527-8743 KENDALL S. BUTTERWORTH, ATLANTA Young Lawyers Division ............................................... (404) 527-8778 YLD President-elect HEADQUARTERS ROSS J. ADAMS, ATLANTA YLD Immediate Past President 800 The Hurt Building • 50 Hurt Plaza • Atlanta, GA 30303-2934 (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 Editors Emeritus • (ex officio members) Visit us on the Internet at www.gabar.org THEODORE H. DAVIS JR., 1997-1999 South Georgia Office L. BRETT LOCKWOOD, 1995-1997 STEPHANIE B. MANIS, 1993-1995 244 E. Second St. (31794) • P.O. Box 1390 • Tifton, GA 31793-1390 WILLIAM L. BOST JR., 1991-1993 (800) 330-0446 (912) 387-0446 FAX (912) 382-7435 CHARLES R. ADAMS III, 1989-1991 L. DALE OWENS, 1987-1989 Manuscript Submissions DONNA G. B ARWICK, 1986-1987 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of JAMES C. GAULDEN JR., 1985-1986 interest to the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (including endnotes) and on letter-size paper. Citations should conform to A JERRY B. BLACKSTOCK, 1984-1985 UNIFORM SYSTEM OF CITATION (16th ed. 1996). Please address unsolicited manuscripts to: William Wall TEVEN OLLINS Sapp, Editor-in-Chief, Alston & Bird, One Atlantic Center, 1201 W. Peachtree St, Atlanta, GA 30309-3424. S M. C , 1982-1984 Authors will be notified of the Editorial Board’s decision following its next meeting. WALTER M. GRANT, 1979-1982 The Georgia Bar Journal welcomes the submission of news about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases STEPHEN E. RAVILLE, 1977-1979 and other information to: Jennifer M. Davis, Managing Editor, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, ROBERT H. WALLING, 1975-1977 Georgia 30303; phone: (404) 527-8736. Layout and Design by Lenz Design & Communications, Inc. 119 E. Court Sq. #201, Decatur, Georgia Communications Committee Publisher’s Statement WILLIAM E. CANNON JR., ALBANY The Georgia Bar Journal (SSN-0016-8416) is published six times per year (bi-monthly) by the State Chairperson Bar of Georgia, 800 The Hurt Building, 50 Hurt Plaza, Atlanta, Georgia 30303-2934. © State Bar of Georgia DENNIS C. O’BRIEN, MARIETTA 1999. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to Vice-Chairperson non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, Commu- nications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will Staff be furnished upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. JENNIFER M. DAVIS Director of Communications Disabilities NIKKI HETTINGER CAROLINE SIRMON Communications Coordinator Internet Coordinator If you have a disability which requires printed materials in alter- AMY MORLEY nate formats, please contact the ADA coordinator at (404) 527-8700 or Administrative Assistant (800) 334-6865. DECEMBER 1999 3 Lexis Nexispickup 10/ 99 p4 4C 4 GEORGIA BAR JOURNAL DECEMBER 1999 VOL. 5 NO. 3 Table of Contents 10 Professionalism Cover Story Narrowing the Gap from Law School to Law Practice Worcester vs. Georgia: Civil Disobedience 54 and the Cherokee Removal Lawyer Assistance Program By Sidney L. Moore Jr. and Leighton Moore 56 10 Georgia Trial Reporter 57 Legal Articles Bench & Bar 58 Juggling the FMLA and Its Regulations South Georgia News By Donald W. Benson 18 59 40 Lawyer Discipline Recent Developments in Construction Law By William H. Hughes Jr. 60 and Stephen M. Reams Sections 24 62 In Memoriam Features Departments 63 Notices Board of Governors Convenes in From The President Supreme Court Issues New FAO Brasstown Valley for Fall Meeting What Does Your Bar Do For You? Proposed FAO Nos. 97-R6, 99-R2, 99-R3 By Jennifer M. Davis By Rudolph N. Patterson Board of Governors Meeting Attendance 34 6 Proposed Uniform Superior Court Rules State Bar Gears Up for From The Director 2000 General Assembly Take Note of Changes to CLE Requirements Proposed 11th Circuit Rules By Mark Middleton By Cliff Brashier Financial Institutions Approved as 36 9 Depositories for Attorney Trust Accounts Georgia Bar Foundation Awards From the YLD President 64 $2.4 Million in Grants The YLD is Working for the Bar Annual Fiction Writing Contest By Len Horton By Joseph W. Dent 85 38 48 CLE Calendar Providing and Protecting Assets for a Who’s Where 88 Person with a Disability 50 Ad Index By Robert M. Fink From the Attorney General 90 40 51 Classifieds New Legislation for E-Commerce? Book Review 90 By Jonathan B. Wilson Getting Away With Murder: How Politics is 43 Destroying the Criminal Justice System Audited 1999 Financial Statement Reviewed by Bruce Harvey 80 52 DECEMBER 1999 5 with the tremendous responsibility of keeping track of all 30,000 or so of WHAT DOES YOUR you. It is they who issue your mem- bership cards — and by the way, new ones are in the mail to you as you BAR DO FOR YOU? read this — and they can also provide photo identification cards for a sumer Assistance Program helps nominal fee. resolve the minor complaints that Speaking of fees always brings to clients might have about their attor- mind the Finance Department. It’s a neys from time to time. Fee Arbitra- small group that impacts our entire tion can step in when a client-lawyer organization in a big way, and they dispute involves fees, and the Lawyer are to be commended for their work. Assistance Program is available to Not only do they continuously watch lawyers faced with difficult personal the bottom line, but they also manage By Rudolph N. Patterson issues, from stress to substance the Bar’s information systems and, abuse. thanks to their efforts, I am happy to o you graduate from law Since you are reading these report the Bar is “Y2K okay.” school and you pass the Bar words from the pages of our Journal, When you break it down program Sexam. Next thing you know, by program, it becomes clear that the you’re a distinguished, dues-paying value of the State Bar of Georgia is member of the Bar, and you might When you break it down certainly greater than the sum of its find yourself wondering, “What dues. And we have not even touched exactly does the State Bar of Georgia program by program, it upon our committees, too numerous do?” I sure did. But then I became to name here, but much appreciated involved with the organization, and I becomes clear that the for their valuable work on behalf of learned a thing or two. our members and their clients alike. For example, did you know that value of the
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